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The defendant shall be innocent.
Reasons
1. No person, other than medical personnel, may engage in medical practice;
The defendant is a doctor to establish a G Hospital in Seongbuk-gu Seoul Metropolitan Government second floor.
From August 29, 2011 to April 9, 2012, the Defendant: (a) in the foregoing hospital, from around August 29, 2011 to around April 9, 2012, the Non-Medical Personnel H, an employee of the Defendant’s assistant nurse, administered patch injection against an unspecified number of patients including women in the name of “I restaurant” before the foregoing hospital; and (b) committed an illegal
2. Determination
(a) Where a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence under Article 87, 88, 88-3, 89 or 90 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
B. In light of the principle of self-responsibility, both punishment provisions shall apply only to cases where a corporation or an individual neglects the duty of due care or management and supervision with respect to the relevant violation. In specific cases, the issue of whether a corporation or an individual neglected the duty of considerable attention or management and supervision shall be determined by comprehensively taking into account all the circumstances related to the relevant violation, namely, the legislative purport of the relevant Act, the degree of infringement of legal interests anticipated to violate the penal provisions, the purport of preparing joint penal provisions concerning the relevant violation, as well as the specific form of the relevant violation and the degree of damage or result, the scale of the business, the possibility of supervision or supervision over the offender, and the measures actually taken to prevent the violation