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(영문) 대구지방법원 포항지원 2014.05.28 2014고정70
의료법위반
Text

Defendant

A, B, and C Each fine of KRW 2 million, Defendant D is punished by a fine of KRW 1 million, and Defendant E is punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

Defendant

“A” is a medical corporation operating “H” in Nam-gu G at port. Defendant I takes charge of administrative management of the medical corporation’s chief director, Defendant C, and Defendant B, an oriental medical doctor, Defendant D, and Defendant E, who worked in the above oriental medical clinic, and the general members of the management director.

Defendant C from May 2, 2013 to June 7, 2013, the Defendant instructed D to provide heat treatment, electricity treatment, and physical therapy to patients whose name was found in the above hospital’s clinic from May 2, 2013 to June 7, 2013, and the above D provided an order to provide heat treatment, electricity treatment, and physical therapy. Accordingly, the Defendant instigated non-medical persons to provide medical treatment. (2) Defendant B instigated Defendant B to provide medical treatment from May 2, 2013 to June 7, 2013, and ordered D to provide heat treatment, electricity, and physical therapy to patients whose name was found in the above hospital could not be known, and the above D to provide an order to provide medical treatment in accordance with the above instructions.

Accordingly, the defendant assisted a person who is not a medical person to provide medical treatment.

B. Violation of the Medical Service Act (Non-licensed Medical Practice) (1) Defendant D is prohibited from providing medical services, such as hot medical treatment, without receiving instructions from a doctor or dentist. Nevertheless, the Defendant, from May 2, 2013 to June 7, 2013, received instructions from an oriental medical doctor C and B from the above oriental medical clinic to the above oriental medical doctor’s office, and performed an unlicensed medical practice by implementing the Medical Care, Electric Medical Treatment, and Physical Care Act for patients whose name had been found in the above clinic was unknown. (2) No person, other than Defendant E, is allowed to provide medical services.

Nevertheless, on May 2013, the Defendant’s name in the Bedcloscing room on the Habman’s Day.

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