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(영문) 의정부지방법원 2017.09.28 2016고합331
의료법위반등
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

(a) No person who violates the Medical Service Act may establish a medical institution, other than a medical doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act;

On July 25, 200, the Defendants: (a) established the J Council member in the Namyang-si, the Namyang-si, and (b) established the J Council member; (b) Defendant A bears most of the expenses for establishment; (c) paid the funds borrowed from the financial institution under the name of Defendant B to the head of the administrative branch; (d) are responsible for the overall operation of the hospital, such as employment of employees, purchase of goods, and fund management; and (e) Defendant B is in the position of the head of the hospital; and (c) are in the duties of the head of the hospital; and (d) when examining the patient’s diagnosis and treatment, the above matters concerning the operation of the hospital are determined by the above A; (d) the Defendants conspired to extend the hospital while operating only part of the monthly income of the hospital; (e) the Defendants established and operated the above J Council member; and (e) paid the expenses for medical care, such as 10,504,370 won, from around July 16, 2007 to November 2, 2019

B. A non-medical person who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) invests necessary funds, such as funds for the establishment of a medical institution, operating expenses, etc., and did not actually operate the medical institution, and establishing and operating a medical institution in its name cannot be deemed a medical institution established under the Medical Service Act. Therefore, even in medical practice, it cannot be paid medical care costs under the National Health Insurance

Nevertheless, the Defendants: (a) performed the same L hospital from August 17, 2007 to November 2, 2015; (b) provided medical treatment to the patients; and (c) provided the patients with the means that Defendant B independently opened and operated the said hospital.

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