Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The director of a mental medical institution, etc. may allow hospitalization, etc. of a mentally ill person only where he/she has consented to two persons without the protection of a mentally ill person (in cases where the person without the protection is one, the consent of one person) and it is deemed necessary that a psychiatrist in a mental health department needs hospitalization, etc., and the period of hospitalization, etc. shall not exceed six months.

Provided, That when there exists a diagnosis of a medical specialist of mental health who has been in need of continuous hospitalization, etc. even after six months have passed, and a person without protection submits a written consent of hospitalization, etc., the director of a mental medical institution, etc. shall request the head of a Si/Gun/Gu to review the treatment, such as hospitalization, every six months, and shall not refuse or delay the application for continuous hospitalization, etc.

From April 1, 2015, the Defendant, who served as the head of the C Hospital in Gangwon-si, Gangwon-do, and up to now, is the subject of continuous application for hospitalization, etc. under the Mental Health Act, and the mentally ill person D has already been hospitalized at several times, and thus, the Defendant has a duty to check up the period of hospitalization by examining the past record well.

Nevertheless, from April 18, 2015 to July 7, 2015, the Defendant: (a) hospitalized the F Hospital in Gangwon-si, Gangwon-si, with the consent of the Unauthorized G for Protection; (b) re-hospitalized the C Hospital on July 7, 2015, on the date of discharge, with the consent of G, the Defendant delayed the request for the examination of hospitalized treatment to employees of the administrative community who are not authorized to peruse the register; and (c) did not prepare procedures to confirm all the patients, etc., and thus, (d) the said employee did not request the continuous request for the examination of hospitalized treatment for more than six months from April 18, 2015 to December 8, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A witness G and H’s legal statement;

1. Investigation report (F hospital.