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(영문) 창원지방법원 진주지원 2015.08.13 2014고정388
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

Defendant

A A is a medical corporation that establishes and operates a C mental hospital (representativeD), which is a medical institution, and E is a medical corporation management team leader of the A Foundation C Mental Hospital, who holds office as a person responsible for overall affairs, such as personnel management, labor management, etc.

Where a medical institution established is changed in the number of medical personnel of a medical institution, it shall obtain permission for change from the competent Mayor/Do Governor.

Nevertheless, the Defendant, who is an employee of the Defendant, committed an offense by failing to modify the permission for modification to the competent Mayor/Do Governor, even though the number of medical personnel was changed due to employment of medical doctors G, nurses, and 11 from October 26, 2012 to February 20, 2014.

Summary of Evidence

1. Police suspect interrogation protocol regarding E;

1. Statement of the police officer to I;

1. Current status of medical personnel of a mental hospital, each certificate of permission to establish each medical institution, certified copy of the register of incorporation, certificate of employment, certificate of medical doctor, certificate of medical doctor, current status of a medical care institution, each report of intention, acceptance of permission to change matters to be permitted to establish a medical institution, and notification of permission to change matters to be permitted to establish

1. The defendant and his/her defense counsel asserted that the number of nurses is not subject to permission since they were not subject to permission since they had not obtained permission from the time when permission was granted for opening a mental hospital. As such, Article 2(1) of the Medical Service Act provides that "medical person" means a medical doctor, dentist, midwife, or nurse licensed by the Minister of Health and Welfare." Article 33(5) of the Medical Service Act and Article 28(1)5 of the Enforcement Rule of the Medical Service Act provide that when the hospital, etc. permitted to open a medical institution intends to change the number of medical persons, the permission of the Mayor/Do Governor shall be granted.

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