The case holding that it does not correspond to “a deceitful or other unlawful means” as prescribed in Article 8 of the Act on Special Measures for the Prevention of Attempted Medicines, etc.

Unlike the fact that the curriculum vitae and the Institute of Academic Guarantee, etc. stated as the graduation for the three-year graduation prior to A, insofar as there exist qualifications for the qualification examination for Korean Medical Doctor under the Act on Special Measures for Unborn Medicines, etc., it shall not be deemed as falling under the "private or other unlawful methods" under Article 8 of the same Act.

Article 8 of the Act on Special Measures for Attempted Medical Workers in Unclaimed Welfare, etc.

B and seven others

(1) (3) (4) (7) for the defendant, a lawyer C (Korean Bar Association) (2) (6) (8) for the defendant, the defendant's lawyer E (5) for the defendant

Prosecutor

Seoul High Court Decision 76No1220 decided May 26, 197

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The court below acknowledged that Defendant B passed the so-called "spet accelerator" examination, which acquired the qualification for Han branch doctor around June 1950, and other Defendant B et al. graduated from Dong school around September 1950 due to the school axis during the second year from A medical school in the second year to June 25, 1950. In light of the records, the court below's decision is just and the judgment of the court below did not contain any evidentiary errors like theory in the original judgment. Since Defendant et al. entered the qualification for Han branch doctor qualification examination in accordance with the Act on Special Measures for Un-speting Medical Business Operators in the Unspeting Welfare, etc., the defendant et al. graduated from the Han branch doctor's three years prior to A, unlike the fact that the above three years prior to A et al. had qualifications under the above law, and the above three years graduation from A cannot be seen as falling under "any other unlawful methods" under Article 8 of the above Act, the court below's decision is without merit, and there is no error in the misapprehension of legal principles as to the above.

Justices Yang Byung-ho (Presiding Judge)