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(영문) 의정부지방법원 고양지원 2013.07.17 2012고단1356
의료법위반
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of the facts charged

(a) No person may establish a medical institution which is not a doctor;

Defendant

Despite the absence of a medical license, A, from October 7, 201 to March 19, 201, employed a doctor B in the name of "F Hospital" in the name of "F Hospital" and had a large number of unspecified patients conduct medical treatment in the name of "B".

B. Defendant B was employed by A, who cannot be a medical institution founder, at the above date, at the same place, and performed the above medical practice.

2. Determination:

A. The Defendants asserted that the managing body of the above hospital was Defendant B, the president, and that Defendant A did not employ Defendant B or establish the above hospital in the name of Defendant B.

B. The act of establishing a medical institution prohibited by the Medical Service Act refers to the act of a non-medical person to supplement and manage the facilities and human resources of the medical institution, report on establishment, conduct of medical business, raise the necessary funds, and transfer of the operational performance from the leading point of view.

C. G, the head of the above hospital, testified to the effect that “The defendant A has been frequently in the hospital, was the president of the hospital, and was viewed as having employed the defendant B, since he showed that he would settle the business of the hospital.”

On the other hand, H and I, who was a nurse of the above hospital, testified to the effect that "at the time of employment of staff of the above hospital, Defendant A was an interview officer, Defendant A was frequently committed at the hospital, and Defendant A was the president at the hospital."

However, the testimony of the above witness cannot be concluded that Defendant A dealt with the work of the above hospital from the leading point of view.

Meanwhile, according to the evidence Nos. 1 through 25 submitted by the defendants, the defendant A received a request from the defendant B.

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