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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal by the defendant
A. Violation of the Medical Service Act in relation to the establishment of a medical institution by a non-medical person (i) employing a medical person who is not qualified as a medical person (hereinafter “non-medical person”) by investing necessary funds, and filing a report on the establishment of a medical institution under the name of the medical person under the name of the medical person, is the most formally, but only the establishment of a legitimate medical institution is the most substantially, and it is reasonable to deem that the establishment of a medical institution by a non-medical person violates the main sentence of Article 33(2) of the Medical Service Act, and that the report on the establishment was made under the name of a medical person or
There is no reason to view otherwise.
In addition, such a legal doctrine likewise applies to a case where a medical institution is established and reported in the name of a consumer life cooperative established under the Consumer Living Cooperative Act, which explicitly permits medical business (see Supreme Court Decision 2012Do14360, Aug. 20, 2014, etc.). (2) The lower court upheld the first instance judgment convicting the Defendant of violation of the Medical Service Act, on the ground that the act of the Defendant, a non-medical practitioner, by employing only a consumer life cooperative under the name of the consumer life cooperative and employing a herb doctor, etc., constitutes a case where a person who is not entitled to establish a medical institution, establishes a medical institution, and thus, constitutes a case where a person, who is not entitled to establish a medical institution, establishes a medical institution.
(3) The judgment of the court below is in accordance with the above legal principles, and it did not err by misapprehending the legal principles on the crime of violation of the Medical Service Act, or by violating
B. (1) The Constitution declares the State’s duty to protect public health (Article 36(3)), and the national health insurance is to realize this.