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(영문) 수원지방법원 안산지원 2019.06.21 2019고정268
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 14:00 on November 19, 2018, the Defendant, who is not a medical person, was unable to perform medical practice but performed non-licensed medical practice by placing metal plates on his/her own production equipment on his/her body in order to treat the water treatment of the right-hand part of the building C in Ansan-gu, Ansan-gu, Busan-si, his/her domicile, and by treating the metal with a high wave and heat generated in a way that would bring about the return of the metal.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. A medical certificate;

1. Report of investigation ( Results of visit to suspect's address);

1. Cases of response to a request for verification of whether the case constitutes medical practice;

1. The above-mentioned photographs and field photographs of medical practice [the defendant's treatment of open persons without money, and punishment therefor shall be prevented. The defendant's production of his/her own product is not a medical device, and thus no medical device has been permitted. Thus, Article 27 (1) of the Medical Service Act prohibits all medical practice by a non-medical person is appropriate to protect the people's right to life and health, which is a very important constitutional legal interest, and to fulfill the State's duty to protect the people's health (Article 36 (3) of the Constitution). As such, the restriction of fundamental rights based on the provision is constitutionally justified as it conforms to the principle of proportionality and is constitutionally justified (see Constitutional Court en banc Order 201Hun-Ma370, Dec. 18, 2002; Constitutional Court Order 2001Hun-Ma386, May 26, 2005; Constitutional Court Order 2003Hun-Ba86, May 26, 2005).

Article 27 (1) of the Medical Service Act shall apply only to medical persons.

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