All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Article 33(1) of the Medical Service Act provides that “A medical person shall not engage in medical service without establishing a medical institution under the Medical Service Act.” Article 4(2) of the same Act provides that “A medical person shall not establish or operate a medical institution under the name of another medical person.” As such, Articles 90 and 33(1) of the Medical Service Act provide that “A medical person shall not establish or operate a medical institution under the name of another medical person.” Therefore, the provision of Articles 90 and 33(1) of the same Act

B. Comprehensively taking account of the evidence submitted by the prosecutor, Defendant A can fully recognize the fact that the hospital was operated solely after lending only the name of Defendant D as an incorporated foundation, and establishing Han-won.

(c)

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. Determination

A. Determination as to whether Article 33(1) of the Medical Service Act limits the establishment of a medical institution in violation of Article 4(2) of the same Act is possible. Article 33(1) of the Medical Service Act purports to the purport of Article 33(1) of the same Act. Article 33(1) of the Medical Service Act provides that a medical person may not engage in medical business unless he/she establishes a medical institution under the same Act, and that a medical person shall provide medical services within the medical institution established by the medical person.

The purport of the provision is to protect the health of the people by allowing medical personnel who can establish a medical institution in relation to the provisions of paragraphs (3) and (4) of the same Article to meet the facility standards prescribed by the above Act according to the type of the medical institution prescribed by the above Act, and allow them to provide medical services within the facility.

2) The legislative background and purport of Article 4(2) of the Medical Service Act are as follows: “A medical person may establish only one medical institution” under Article 33(8) of the Medical Service Act prior to the amendment on February 1, 2012.