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(영문) 서울고등법원 2015.01.23 2014나21474
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B’s KRW 143,33,333 among the Plaintiff and KRW 133,33,333 among the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and this part of the parties’ assertion is cited.

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination on the cause of the claim

A. Article 33(2) of the Medical Service Act prohibits a person, other than a medical person or a medical corporation, from establishing a medical institution; Article 87(1)2 of the same Act provides that a person, other than a medical person or a medical corporation, shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 20 million won, if such person violates Article 87(1)2. The legislative purpose of the above prohibition provision is to ensure the appropriateness of medical treatment in order to protect the health of the people. Thus, the legislative purpose of the above prohibition provision is to strictly limit the qualification for establishing a medical institution to medical personnel or a person with a public nature (hereinafter “medical personnel, etc.”) to establish a sound medical order and to prevent risks to the health of the people that may occur when establishing a medical institution for profit-making purposes. The establishment and operation of a medical institution by a person, other than a medical person or a medical corporation, is not only a criminal act subject to criminal punishment, but also goes against social norms to the extent that it can be readily acceptable in light of the public health risks of social norms.

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