1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The grounds for the judgment of the court of first instance quoted in the judgment of the court of first instance pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, which shall include the following 2.

2. Article 33(2) of the Medical Service Act prohibits a person, other than a medical person, medical corporation, or non-profit corporation, from establishing a medical institution.

The prohibited act of establishing a medical institution refers to the act of non-medical personnel to supplement and manage facilities and human resources of the medical institution, report on establishment, conduct of medical business, raise necessary funds, and transfer of the results of operation of the medical institution.

Therefore, the act of opening and reporting a medical institution under the name of a qualified medical person by investing necessary funds by the general public who is not qualified as a medical personnel is the most formally only the act of opening and reporting the medical institution under the name of a lawful medical institution, and practically constitutes the act of opening and reporting the establishment under the name of a medical person

or a medical person who is a title holder of the establishment report directly provides medical services.

(2) No such agreement shall be deemed otherwise.

(2) According to the evidence No. 5 of the Daejeon District Court Decision 2015Do10322, Dec. 23, 2015 (see, e.g., Supreme Court Decision 2015Do10322, Oct. 11, 2019). According to the evidence No. 5, it is found that the Daejeon District Court found D to be guilty of violating Article 33(2) of the Medical Service Act on February 21, 2019 and sentenced to three years of imprisonment, two years and six months of imprisonment, and ten million won of fine for the Plaintiff, and that the judgment dismissing both the Plaintiff’s appeal is significant in this court.

B. The instant legal provision (Article 47-2(1) of the National Health Insurance Act) confirms the violation of Article 33(2) of the Medical Service Act of a medical care institution as the investigation result by an investigative agency.