Whether the act entered in the medical records constitutes aiding and abetting unlicensed medical practice

Since the medical treatment department has been used for the continuous medical treatment of the patient, the act of entering it in the medical treatment register after the non-licensed medical treatment of the nursing assistant is not considered to be a simple post act after the completion of the principal act, and it constitutes aiding and abetting unauthorized medical treatment.

Article 5 of the Medical Service Act Article 25 of the Act on Special Measures for the Control of Public Health Crimes

Defendant 1 and one other

(National)Attorney Jeong-dong (for the defendant),

Seoul High Court Decision 80No1890 delivered on December 10, 1981

All appeals are dismissed.

1. The Defendants and the state appointed defense counsel’s grounds of appeal as to Defendant 1 are examined together.

According to the evidence examined by the court below and the reasoning of the judgment of the court of first instance cited by the court below, it is sufficiently recognized that the original judgment of Defendant 1's non-licensed medical care act and aiding and abetting Defendant 2's non-licensed medical care act was conducted, and there is no reason to see Defendant 1's medical care act as an emergency evacuation or a justifiable act such as the theory of lawsuit, so there is no error of law of misconception of facts and interpretation of law due to insufficient deliberation in the approval

2. We examine the grounds of appeal concerning Defendant 2 of the state appointed defense counsel.

The gist of the grounds of appeal is that Defendant 2’s aiding and abetting act is stated in the medical records after Defendant 1’s diagnosis and treatment, so the so-called ex post facto aiding and abetting act cannot be punished as a final offense.

I think it is the theory that it can not be seen as an accessory to the so-called ex post facto relief after the completion of the offense since it is not easy for the principal to assist and facilitate the principal offender in the conduct of the principal offender before or during the conduct of the principal offender.

However, according to the records, it can be known that the medical records of this case are used as reference to the patient's continuous medical treatment after recording the patient's medical treatment situation. Thus, it cannot be viewed that Defendant 2's act of recording in the medical records of this case is merely an act after Defendant 1's completion of medical treatment. Thus, the court below's decision that Defendant 2's act of recording in the medical records of this case as a non-licensed medical treatment act

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)