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(영문) 부산지방법원 동부지원 2015.04.30 2014고단2125
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant

A Imprisonment of one year and fine of 5,00,000 won, Defendant C of a fine of 2,00,000 won, Defendant B of a fine of 1,500 won.

Reasons

Punishment of the crime

No person, other than an oriental medical doctor, etc., shall establish only one medical doctor, and no person, other than an oriental medical doctor, shall engage in the business of oriental medical treatment for profit, and no person shall provide medical services under employment by a person who is ineligible to establish a medical

Defendant

A, from April 1994, when the spouse F, who was an oriental medical doctor’s spouse, was in the “HG apartment 209,” from around February 2, 2009, when he was working as a nurse from the “HG apartment 209,” the above FF died. From October 1, 2011, the Korean medical doctor was employed in order to establish a Korean medical clinic in the name of the Defendant C and the Defendant B, who was an oriental medical doctor, and the Korean medical doctor was willing to operate the medical clinic in substance and to engage in the medical practice for profit.

1. Defendant A

A. From October 1, 201 to December 30, 2012, the Defendant employed C on the condition that C, an oriental medical doctor, pay KRW 5 million monthly wage, and had C, a “H Council member” in the name of C, set up a “H Council member” at the same place and treated the customers who found the place.

Accordingly, the Defendant established a single medical doctor even though he is not an oriental medical doctor.

B. The Defendant, from March 17, 2014 to May 31, 2014, employed the said B on the condition that he would pay KRW 5 million to B, an oriental medical doctor, as monthly wage, under the condition that he would pay KRW 5 million to B, a herb doctor, from March 17, 2014 to May 31, 2014, and had B open “H Council member” in the name of B and treat the customers who found the said place.

Accordingly, the Defendant established a single medical doctor even though he is not an oriental medical doctor.

(c) No. 1-b. Defendant of the Act on Special Measures for the Control of Public Health Crimes

In the same period and place as described in paragraph (1), the above Council member is equipped with tools for oriental medical treatment, such as heat making, bed, bed, and injection.

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