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(영문) 의정부지방법원 2016.11.30 2016고단3901
정신보건법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a medical specialist with mental health who is the president of the Fics Institute affiliated with the E Medical Foundation, the medical corporation located in the Gyeonggi-do.

1. Violation of the Mental Health Act;

(a) With respect to a patient hospitalized in a mental medical institution with the consent of the legal guardian, when the director of the mental medical institution has received an order of discharge according to the result of the review of the Basic Mental Health Deliberative Committee, the patient concerned shall be immediately discharged;

Nevertheless, on November 2, 2015, the Defendant was notified by the Basic Mental Health Deliberative Committee of the order to discharge patients G from the said Fic Hospital. On November 4, 2015, the Defendant was notified of the order to discharge the said G from June 2, 2015, which was first hospitalized by the said G, and was notified of the order to discharge the said G on November 4, 2015.

(b) When intending to hospitalize a mentally ill person to a medical institution for mental illness with the consent of the legal guardian, the person concerned with the medical institution for mental illness who has not been hospitalized shall obtain documents verifying the legal guardian;

Nevertheless, on November 16, 2015, the Defendant hospitalized 14 mentally ill persons intending to be hospitalized with the consent of the legal guardian with the consent of the legal guardian, without obtaining documents verifying that he/she is the legal guardian, such as a family relation certificate, from January 7, 2015 to June 8, 2016, as shown in attached Table 1, the Defendant hospitalized 14 mentally ill persons who want to be hospitalized with the consent of the legal guardian, such as the above H, without obtaining documents verifying that he/she is the legal guardian, such as family relation certificate.

2. No person who violates the National Health Insurance Act shall receive or allow another person to receive insurance benefits by fraud or other improper means;

Nevertheless, on March 5, 2013, the Defendant was notified by the F Mental Health Deliberative Committee of the order to discharge patients I from the hospital on March 5, 2013.

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