All appeals are dismissed.

The grounds of appeal are examined.

1. Judgment on the grounds of appeal by the prosecutor

A. Article 2(1) of the former Medical Service Act (amended by Act No. 16375, Apr. 23, 2019; hereinafter “former Medical Service Act”) provides that medical personnel shall be “a doctor, dentist, herb doctor, midwife, midwife, or nurse who has obtained a license from the Minister of Health and Welfare” and Article 27(1) provides that “no person, other than medical personnel, shall perform medical practice” and Article 87(1)2 provides that a person who violates Article 27(1) shall be punished.

However, it is intended to achieve the purpose of protecting and promoting the health of the people (Article 1) by prescribing strict requirements for the qualifications of medical personnel and allowing only medical personnel licensed by the Minister of Health and Welfare to monopoly medical practice (Article 1).

Meanwhile, Article 27(1)1 of the former Medical Service Act provides that a person who has a foreign medical license and stays in the Republic of Korea may perform medical practice within the scope prescribed by Ordinance of the Ministry of Health and Welfare.

However, the former Medical Service Act does not allow a foreign medical license holder to perform medical practice outside the territory of the Republic of Korea.

In addition, Article 33(1) of the former Medical Service Act provides that “A medical person shall not engage in medical business unless he/she establishes a medical institution under this Act” and Article 33(2) of the same Act provides that a person who intends to establish a medical institution shall report to the head of Si/Gun/Gu (paragraph (3)) and obtain permission from the Mayor/Do governor (paragraph (4)) shall be subject to the procedure and requirements for

In full view of the purpose of the Medical Service Act, the purpose of legislation allowing medical personnel licensed by the Minister of Health and Welfare, and the contents of relevant provisions, the medical system under the Medical Service Act is Korea.