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Q

Medical specialist attorney, I have a question.

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I'm a business owner running a construction business. A worker recently fell during work at the site and was transported to the hospital. I'm worried about whether on-site safety measures were sufficient and whether I should report this as an industrial accident immediately. I'd like to know if I should consult with an industrial accident attorney and what legal obligations and precautions I, as a business owner, must follow.

medical specialist attorney

false medical certificate

A

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First, according to Article 233 of the Criminal Act, creating a false medical certificate is a crime that can result in imprisonment of up to 3 years or imprisonment without labor, suspension of qualifications for up to 7 years, or a fine of up to 30 million won.


Article 66 of the Medical Service Act states that when a diagnosis, autopsy report, or certificate is falsely created and issued, or when a medical record is falsely created or intentionally added, modified differently from the facts, the license can be suspended within a range of 1 year.


Also, if you ask a medical professional to create a false medical certificate, you may be established as an instigator of the crime of creating a false medical certificate, and if a medical professional creates a false medical certificate to fraudulently receive medical benefits, the medical professional's qualification may be revoked.


Therefore, if not for that purpose, since intent is important for the establishment of this crime, you can prove that you did not intentionally create false content to reduce the level of punishment.


Also, in determining the level of punishment, the circumstances leading to the creation of the false medical certificate, the degree of false content, the resulting consequences, and the creator's reflection are comprehensively considered.


If there is an impure motive, it may work unfavorably, and to reduce punishment, it is important to honestly admit the wrongdoing during the investigation or trial process and show deep reflection.


You should clearly disclose the circumstances leading to the creation of a false medical certificate through the assistance of a medical specialist attorney with rich experience in medical law cases, and show a sincere reflective attitude rather than excuses.

Our firm presents active defense strategies based on rich experience in medical law, criminal law, and document crimes through cooperation between medical specialist attorneys and criminal specialist attorneys.

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