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(영문) 서울북부지방법원 2018.02.21 2016고단5421
의료법위반등
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who establishes and substantially operates a mutual hospital of “E” on the 6th floor of the Seoul Special Metropolitan City, Nowon-gu D Building (hereinafter “the instant medical institution”), and Defendant B is a person who is employed by Defendant A as a person with a doctor’s license, and lent the above “E” in his name.

1. Defendant A violated the Medical Service Act: (a) had a general person who is not qualified as a medical personnel but is not qualified as a representative of an individual’s liability borrow the name of Defendant B; and (b) opened and operated the “E” in the name of Defendant B.

No medical institution shall be established under the name of a general public who is not qualified as a medical person by investing necessary funds in such financial institution and employing a qualified medical person.

Nevertheless, Defendant A, who is not qualified as medical personnel, had employed Defendant B, who is qualified as medical personnel, to establish a member.

Accordingly, the Defendants established “E” in the name of Seoul Special Metropolitan City, Nowon-gu D building, Defendant B on June 27, 2012, and Defendant B on June 27, 2012, with the medical facilities installed and had the employees of the medical facilities perform medical practice, and the general public employed qualified medical personnel and established and operated a medical institution in the name of the same person.

2. The term "person who establishes a medical institution in violation of the Medical Service Act" or "person who provides medical services under his/her employment" does not have the right to receive insurance benefits from the National Health Insurance Corporation, and no person shall receive insurance benefits from the National Health Insurance Corporation by fraud or other improper means.

Nevertheless, the Defendants solicited the Health Insurance Review Evaluation Institute to apply for and receive medical care costs.

The Defendants are “E” hospitals duly established under the Medical Service Act as of December 2012.

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