All appeals filed by the prosecutor against the Defendants are dismissed.

1. The gist of the grounds of appeal is that Defendant B, a non-medical person, was the main body of establishing the Jental Hospital (hereinafter “instant hospital”) located in Busan Shipping Daegu I and 401, and was not guilty of the facts charged in the instant case. However, Defendant A and C, a dentist, did not actually engage in the operation of the instant hospital and was in charge of the operation of the instant hospital, and was in the position of the head of the management center from his employees, and Defendant B stated to the effect that he was the actual operator of the instant hospital in the case of violation of the Punishment of Tax Evaders Act. Defendant B and C did not separately manage their own properties, and Defendant B did not separately manage their respective properties and was in charge of the revenue and expenditure management of the instant hospital. In light of the above, Defendant B and C should at least bear the expenses of establishing the instant hospital jointly with the Defendant C, it can be sufficiently recognized that Defendant B established the instant hospital with the remainder of the Defendants and violated the Medical Service Act.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination:

A. Article 30 (2) of the former Medical Service Act (amended by Act No. 8203 of Jan. 3, 2007) (amended by Act No. 8203 of Jan. 3, 2007) (Article 33 (2) of the current Medical Service Act) provides for the qualification requirements for the founder of a medical institution, and Article 66 subparagraph 3 of the same Act (Article 87 (1) 2 of the current Medical Service Act) provides that a person who violates the above provision shall be punished.

The legislative purpose of the above provision is to establish a sound medical order and profit-making by strictly limiting the qualification for establishing a medical institution to medical personnel with medical expertise or to persons with public character.