The defendant shall be innocent.

1. The Defendant is a person who is the B Council member’s will, and C is a person who is in office as a nursing assistant in the above Council member.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

Nevertheless, on September 1, 2016, the Defendant: (a) diagnosed patients E (hereinafter “patient”) in Jeju-si (hereinafter “instant member”); (b) diagnosed patients with consecutive infectious species; and (c) ordered C, other than medical personnel, to perform the procedure of removing infectious species; and (d) C performed the procedure of removing infectious species on the left side of the instant E’s left side.

Accordingly, the defendant conspiredd with the above C to perform medical practice, which is not a medical person.

2. The Defendant’s instant procedure to remove the infectious species of the instant patient’s assertion (i.e., the so-called “instant procedure”) is a simple and unlikely side effect, and there is no need for a doctor to directly conduct the instant procedure.

Since the defendant ordered the nursing assistant C to conduct the instant treatment after sufficiently treating the patient of this case, he/she violates the Medical Service Act.

shall not be deemed to exist.

In addition, since the Medical Service Act was amended from January 1, 2017, it is possible to assist the nursing assistant's physician in medical treatment under the instruction of the doctor in the hospital of the National Assembly member from January 1, 2017, the new law priority principle is applied, and the instant procedure conducted by the nursing assistant's physician cannot be deemed illegal.

3. Relevant legal practice

means the act of preventing or treating a disease caused by the diagnosis, autopsy, prescription, medication, or surgical treatment based on medical expertise as well as other act that may cause harm to public health unless performed by a medical person (Supreme Court Decision 2004Do3405 Delivered on October 28, 2004). A nurse or nursing assistant shall assist in medical treatment.