logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.12.04 2013고정775
의료법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a D Hospital in the Jeonsan-gu, Jeonju-si C.

No person, other than medical personnel, is allowed to perform medical practice, and E, the defendant's employee, and the assistant nurse's preparation worker, performed medical practice on January 28, 2013 in the above hospital, such as removing the pulbed pulbed pulb of patients F, and providing F with three times during the period from the beginning of February 28, 2013 to February 28, 2013.

2. A medical person shall keep records of medical treatment, etc. and record matters and opinions concerning his/her medical practice in detail and sign thereon;

Nevertheless, even though the Defendant provided medical treatment to F patients from January 24, 2013 to February 28, 2013, performed a pair of surgery, etc., the Defendant did not enter the details of medical treatment, such as removal of chests after surgery, in the medical records.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused and E by the prosecution;

1. Statement by the prosecution with respect to F (including the G statement);

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by medical certificates, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Articles 90 and 22 (1) of the Medical Service Act (when failing to prepare medical records), Article 91 and Article 87 subparagraph 2 of the Medical Service Act, the main sentence of Article 27 (1) of the Medical Service Act, and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

A. As the Defendant had exercised considerable care and supervision to prevent E, other than medical personnel, from performing medical practice, the Defendant is not subject to criminal liability for violation of the Medical Service Act.

(2) The act of entering the symptoms, surgery details, etc. of the patient F in an electronic set, and setting a bedbed rice or a boom removal into an electronic set shall be included in the medical record after normal surgery.

arrow