Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the director of the Dsanbu Corporation in Seoul Special Metropolitan City, Nowon-gu.

No person, other than a doctor directly engaged in the medical service, shall prepare a prescription and deliver it to the patient.

Nevertheless, the name-free person who is the employee of the defendant has worked as a full-time employee at the above member on December 4, 2016.

E issued a prescription in the name of E in the absence of a direct diagnosis of F, which caused the cryposis as a result of a leave of absence.

Accordingly, a person who is an employee of the defendant was in violation of the above Medical Service Act in relation to the defendant's business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the written opinion statutes;

1. Relevant Article of the Act and the main sentence of Article 91, Article 89 subparagraph 1, and the main sentence of Article 17 (1) of the Medical Service Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main text of Article 17(1) of the Medical Service Act provides for punishing “a doctor who fails to directly examine a patient” to prepare and issue a prescription, and does not punish “a doctor who directly examines a patient” to prepare and issue a prescription under another person’s name.

In this case, a doctor who directly conducted a medical examination of F prepared a prescription and entered into a prescription. However, given that a prescription is issued in the name of E, it does not violate the main sentence of Article 17(1) of the Medical Service Act.

2. The main text of Article 17(1) of the Medical Service Act provides that “no medical doctor, etc., other than a medical doctor, etc., who directly conducted a medical service and directly conducted a medical examination, shall prepare a prescription, etc., and deliver it to the patient, etc.,” and Article 12(1) of the Enforcement Rule of the Medical Service Act provides that “in the case of issuing a prescription prior to the issuance of the prescription, the medical person’s name, type of license, number, etc.