The defendant's appeal is dismissed.

1. Pursuant to Article 41(1)2 of the Enforcement Rule of the Medical Service Act, all medical doctors may freely indicate a specialized department, even if they are not medical specialists. The Defendant does not indicate “sexual surgery” as a specialized department.

The only method of indicating whether a specialized department or a specialized medical specialist is an officially or non-specialized medical specialist in the same manner is to indicate a specialized medical specialist in accordance with the Enforcement Rule of the Medical Service Act concerning the indication of the name of a medical institution. As such, the indication of a specialized medical department within the meaning of Article 77(2) of the Medical Service Act is an indication of a specialized medical doctor under the former Enforcement Rule of the Medical Service Act, and the Defendant is not a violation of the Medical Service Act, indicating

In addition, the indication of the international medical specialist is merely the name of the qualification certificate, and it is nothing more than the indication of the medical specialist.

In addition, illegality is excluded as indicated after obtaining confirmation that there is no problem at the Gangnam-gu Public Health Center.

Nevertheless, the court below found all of the charges of this case guilty, and the court below erred by misunderstanding of facts or misunderstanding of legal principles that affected the conclusion of the judgment.

2. Determination:

(a) Article 42 (Name of Medical Institution) (1) No medical institution shall use any name other than the name according to the type of medical institution under Article 3 (2);

Provided, That the same shall not apply to any of the following cases:

1. Where any general hospital names itself a hospital;

2. When a medical institution designated as a superior general hospital pursuant to Article 3-4 (1) or as a specialized hospital pursuant to Article 3-5 (1) uses the name during the period of designation;

3. A member-level medical institution established pursuant to the proviso to Article 33 (8) shall use all names by type of licenses;