The appeal is dismissed.

The grounds of appeal are examined.

1. As to the grounds of appeal concerning the violation of the Medical Service Act

A. The main text of Article 33(2) of the Medical Service Act provides that “no person, other than a person falling under any of the following subparagraphs, may establish a medical institution.” The person who is entitled to establish a medical institution under any of the following subparagraphs is limited to “a doctor, dentist, midwife, State or local government, non-profit corporation established under the Civil Act or any special Act, quasi-governmental institution established under the Act on the Establishment and Operation of Local Medical Centers, local medical institutions established under the Act on the Management of Public Institutions, and the Korea Veterans Welfare and Healthcare Corporation established under the Korea Veterans Welfare and Healthcare Corporation Act.”

The purport of the above provision is to strictly limit the qualification for opening a medical institution to medical personnel with medical expertise, or corporations, institutions, etc. with public character, and prevent any other person from establishing a medical institution, thereby protecting and improving national health based on the appropriateness of medical care (see Supreme Court Decision 2004Do3875, Sept. 24, 2004). Therefore, the act of employing a medical person who is not qualified as a medical personnel by investing necessary funds, and making a report on opening a medical institution in the name of the general public is the most lawful establishment of a medical institution only formally, and practically, it is reasonable to deem that a person who is not a medical person established a medical institution violates the main sentence of Article 33(2) of the Medical Service Act.

In addition, this legal doctrine also applies to cases where the establishment of a medical institution is reported under the name of a consumer life cooperative established by the Consumer Community Cooperative Act (hereinafter “Life Cooperative Act”), which explicitly permits medical services, (hereinafter “Life Cooperative Act”).

B. Meanwhile, the Trade Union Act aims at self-reliance, self-reliance, and self-governing consumption among its members.