The defendant shall be innocent.

1. The Defendant is a doctor who operates the Seoul Dongdaemun-gu Seoul Metropolitan Government Department D and the fourth floor 'E Rehabilitation Doctors'.

No medical person shall advertise any new medical technology without being assessed by the Committee for Evaluation of New Medical Technology.

Nevertheless, from October 2012 to May 24, 2014, the Defendant advertised F with no evaluation by the new medical technology evaluation committee on its Internet homepage.

2. Determination

A. A prosecutor indicted the facts charged in the instant case by applying Articles 89 and 56(2)1 of the Medical Service Act. Article 53 of the Medical Service Act (Article 53 of the Medical Service Act) provides that “The Minister of Health and Welfare shall assess the safety, effectiveness, etc. of new medical technology (hereinafter referred to as “new medical technology assessment”) through deliberation by the Committee for Evaluation of New Medical Technology under Article 54 as prescribed by Presidential Decree in order to protect people’s health and promote the development of medical technology.”