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(영문) 창원지방법원 2017.06.14 2017노289
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) is consistent with the Defendant’s provision of a history of occupation to some outpatients, but this is intended to help those who are difficult in terms of the interest and religious level of union activities for the members of the medical life cooperative, and to guide the class. Therefore, it is not for profit-making purposes, but for inducing the patients.

2. Determination

A. Prior to the amendment of the Medical Service Act’s purport, the Medical Service Act only stipulates, “No person shall introduce, arrange, or induce patients to medical institutions or medical persons for profit, or instigate them to do so, for profit” (Article 25(3) of the Medical Service Act).

However, with the aim of attracting patients due to excessive competition among each medical institution, attracting patients, such as exemption and discount of their own charges, provision of other reckless transportation convenience, etc. As a result, social problems, such as deterioration of the quality of medical service, etc. rather than unfairly competitive among medical institutions, etc., any person specified the prohibited acts of introducing, arranging, or inducing patients to medical institutions or medical personnel for profit, such as exempting or discounting their own charges under the National Health Insurance Act or the Medical Care Benefits Act, providing money, etc., providing transportation convenience to many and unspecified persons, etc., specifically specifying the prohibited acts of prohibiting the act of introducing, mediating, or inducing patients to medical institutions or medical personnel for profit, and the act of inducing such acts. Accordingly, in order to minimize inconvenience caused to the use of medical institutions by the general public, a certain act may be performed if prior approval is obtained from the head of the competent Si/Gun/Gu due to specific circumstances, such as the economic situation of patients, etc., and thus establishing order between medical institutions through fair medical practices.

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