2013 High Court Decision 3060 Violation of the Medical Service Act

ship* (62 - 1), doctor

Housing Incheon Southern-gu

Seoul basic domicile

Manosung (Public Prosecution) and Gyeongsung (Public Trial)

November 1, 2013

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal History Office

The Defendant is the president of the Incheon Southern-gu**** Hospital.

All kinds of hospitals have medical personnel on duty necessary for the treatment of emergency patients and inpatients, and the defendant operated the above hospital without having medical personnel on duty necessary for the treatment of patients on March 16, 2013 from 30 to 07:00 of the same month **** there was no medical personnel on duty required for the treatment of patients with about 40 patients.

Summary of Evidence

1. The defendant's partial statement in court;

1. Male* The police protocol of statement about *

1. Answer to a request for cooperation with investigation;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 90 and 41 of the Medical Service Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on Defendant’s argument

The defendant asserts that the defendant's operation of the defendant*** because the hospital is a mental hospital, medical personnel on duty may be placed in accordance with the patient's own standards pursuant to Article 18(2) of the Enforcement Decree of the Medical Service Act, and even if there was no medical personnel on duty on the part of the new wall such as this case, this is not illegal in accordance with the patient's own standards.

Article 41 of the Medical Service Act provides that all kinds of hospitals shall have medical persons on duty necessary for the treatment of emergency patients and inpatientss, and Article 18 of the Enforcement Decree of the Medical Service Act provides that the number of medical persons on duty to be placed at various hospitals shall be prescribed by the same provision. In the case of mental hospitals under Article 18(2) of the Enforcement Decree of the Medical Service Act, even if the mental hospitals may be placed in accordance with their own standards so as not to interfere with the treatment of inpatients, this is only about the number of medical persons on duty, and it cannot be interpreted that there may be no medical persons on duty.

Therefore, the defendant's above assertion is not accepted.

Judges Lee Jae-in