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(영문) 대전지방법원 서산지원 2013.06.28 2012고정59
의료법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a doctor who is operating the “E Hospital” located in Chungcheongnam-gun, Chungcheongnam-do.

No one shall induce patients for profit, such as exempting or discounting the principal's apportionment under the National Health Insurance Act or the Medical Insurance Act, providing money or goods, etc. or providing transportation to many and unspecified persons.

Nevertheless, the Defendant provided 80 medical treatment to F in total between December 21, 2007 and July 27, 2011, but exempted 985,400 won in total, and exempted 28 persons in total as shown in the attached list of crimes, as shown in the attached list of crimes, provided 3,348 medical treatment and exempted 20,684,491 won in total.

2. The Defendant’s assertion is merely a fact that he/she did not receive his/her own share on the grounds of welfare, friendship, etc. to a certain minority, such as his/her family, employee of the E Hospital operated by the Defendant, his/her family, partner company, and his/her family members.

3. The act of a medical institution and a medical person to attract a patient to himself/herself is prohibited from inducing a patient under Article 27 (3) of the Medical Service Act, unless there exist special circumstances, such as the provision of money and valuables to a patient or an actor or fundamental harm to the order of the medical market.

(1) The Defendant’s family life list (see, e.g., Supreme Court Decisions 2007Do10542, Feb. 28, 2008; 2007Do10542, Feb. 28, 2008)

4. G:

5. H, 12. I, 15.J, 17.K, 18. L, 19. M and E Hospital employees' list of crimes;

4. G:

6.N,

7.O, 10. P, 22. Q, 23. R, 24. S, 25. T, 26. U and his family members' list of crimes;

5. H:

8. V:

9.W, 11. X, 12. I, 13.Y, 14.Z, 16. A, 20. AB, 21. AC, and the number of crime sight table for employees of partner companies.

1. F and his family members' list of crimes;

2. AD,

3. AE, 27. AF, 28. AG.

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