The defendant shall be innocent.

1. The Defendant is an oriental medical doctor who operates a D hospital located in Kimpo-si C from June 7, 2011 to March 31, 2014.

No person shall introduce, arrange or induce patients to medical institutions or medical persons for profit, such as exempting or discounting personal contributions under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc. or providing transportation convenience to many and unspecified persons, etc., and instigate such act.

Nevertheless, on July 23, 2011, the Defendant exempted the patient E from KRW 267,920, which was hospitalized in the above hospital, from July 23, 201 to April 28, 2011, and led the patient to a medical institution for profit by discounting KRW 252,029,181 of the patient’s own charges who was hospitalized in the above hospital from July 23, 201 to April 28, 201, as described in attached Table 1, 2, 3, and 4.

2. The summary of the assertion is that the defendant discounted the nursing expenses not subject to the National Health Insurance Act, but rather at a discounted rate. Thus, the defendant's act does not constitute a violation of the Medical Service Act.

3. Determination

A. Article 25(3) of the former Medical Service Act (amended by Act No. 8007, Sep. 27, 2006; hereinafter the same) provides that no person shall introduce, arrange, or induce patients to medical institutions or medical persons for profit, such as exempting or discounting the principal’s charges under the National Health Insurance Act or the Medical Care Benefits Act, offering money, goods, etc., or providing transportation convenience to many and unspecified persons, etc., and compel such act.

In light of the language and text of the above provision, where a policyholder or a dependent under the National Health Insurance Act, or a beneficiary under the Medical Care Benefits Act, bears part of the expenses for benefits, the part of the expenses shall be interpreted as meaning the part of the expenses for benefits. The National Health Insurance Act and the Medical Care Benefits Act shall apply.