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Q

I'm curious about medical law violation - response strategy for unlicensed medical practice and punishment level.

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As our company has grown, I had a labor-related contract review and belatedly learned that drafting work rules is necessary. But work rules aren't something the business owner alone decides and writes. Can you tell me what to be careful about when creating or revising work rules?

medical law violation

A

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If reported for unlicensed medical practice, systematic response from the early stages of the case is important.

Investigative agencies launch investigations through accusations or self-recognition, and search and seizure, witness investigations, and suspect interrogations may be conducted.

In the early stage, it is important to clarify the facts and organize the case circumstances, whether there were work instructions, intent, and efforts to ensure patient safety, and submit them as evidence.

Statements should be made carefully, and securing materials such as written statements, work instruction documents, and work environment-related materials is advantageous for sentence reduction.

Also, unlicensed medical practice is a medical law violation matter and is punished under the Medical Service Act.

According to Article 87-2, paragraph 2 of the Medical Service Act, it is stipulated to be punished by imprisonment of up to 5 years or a fine of up to 50 million won.

The punishment level for unlicensed medical practice varies depending on whether it was a simple report or minor act, repeated/intentional act, or whether actual harm occurred to the patient.

Generally, when recognized as a medical law violation, criminal punishment from fines to imprisonment may be imposed, and in cases of low intent and no harm, there are also cases that end with relatively minor punishment.

Conversely, in cases of intentional/repeated acts or patient harm occurring, the possibility of actual imprisonment cannot be excluded, so prompt response from the early stages is necessary.

For detailed information related to medical law violations, please consult with a medical specialist attorney.

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