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 an oriental medical doctor operating a mutual 'F' in Eunpyeong-gu Seoul Metropolitan Government E.

Medical persons shall provide medical services within an established medical institution.

Nevertheless, from February 2015 to March 2016, the Defendant provided medical treatment, such as beer and oriental medicine rooms, to women in childbed 1 p.m. in each week and 1.5 million won each month from the above postnatal care center under the pretext of medical expenses, etc.

Accordingly, the defendant provided medical services outside medical institutions established by the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (to hear the statement of the president of H Postnatal Care Center), investigation report (to submit the details remitted to H postnatal care centers, and suspect);

1. Application of Acts and subordinate statutes to the details of remittance of lecture fees (medical fees) to a doctor A of a single bank;

1. Articles 90 and 33 (1) of the Medical Service Act related to the relevant criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant's assertion that the defendant and his defense counsel provided medical treatment in a postnatal care center according to the patient's request, and it is justifiable because there are unavoidable reasons.

2. As a matter of principle, the Medical Service Act allows a medical person to run a medical business within a medical institution established by a medical person to provide medical services is based on the need for health care policy to prevent any deterioration in the quality of medical treatment and any infringement of the patient’s right to receive adequate medical treatment from outside the medical institution, and any serious hazard to public health and sanitation. Medical treatment is a kind of medical practice that cannot be provided by a medical person, and medical personnel are medical professionals having medical expertise.