The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the president of Hanwon-gu, Gwangju Dong-gu, and the third floor.

No person, other than a doctor who directly conducted a medical examination, may issue a medical certificate, etc.

Nevertheless, on July 17, 2015, the Defendant requested the issuance of a medical opinion related to the application for long-term care insurance from F (V, 69 years of age) from the children of F (F) at the above place, and registered a medical opinion with respect to F (F) by accessing the National Health Insurance Corporation without any medical examination.

2. Determination

A. The prosecutor of the statutes applicable to the facts charged in the instant case applied Articles 89 and 17(1) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; hereinafter “former Medical Service Act”) to the Defendant’s act of registering the F’s statement of opinion with respect to the act on the Internet homepage of the National Health Insurance Corporation without directly examining the patient F.

Article 17 (1) of the former Medical Service Act includes a medical doctor (including a doctor working for a State agency which takes charge of the affairs of autopsy only with the death certificate), a dentist or a herb doctor, a medical certificate, a death certificate, or a prescription [including a prescription prepared by a doctor or a dental doctor in an electronic document in which the electronic signature under the Electronic Name Act is written (hereinafter referred to as “electronic prescription”).

hereinafter the same shall apply) No patient shall be prepared and delivered to a patient (where a patient dies, referring to the spouse, lineal ascendant or descendant, or the lineal ascendant or descendant of the spouse) or to a public prosecutor of a local public prosecutor's office (limited to a death certificate) who conducts a postmortem examination pursuant to Article 222 (1) of the Criminal Procedure Act, or sent (limited to an electronic prescription).

Article 89 of the former Medical Service Act provides that a person who violates Article 17 (1) of the former Medical Service Act shall be punished.

B. Whether the Defendant violated Article 17(1) of the former Medical Service Act or not is the legal principle of punishment.