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Legal Intellectual

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Q

It seems I violated the Pharmaceutical Affairs Act in relation to lending a medical license.

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My mother has worked as a pharmacist for a long time. Recently, at the request of an acquaintance who wanted to open a pharmacy, my mother personally lent her own pharmacist license and also handled the sale and dispensing of medicines at the acquaintance's pharmacy. She actually came to work and worked there, so in this case, would it constitute a violation of the Pharmaceutical Affairs Act through lending a pharmacist license and result in punishment? I am curious about the level of punishment and the response for a violation of the Pharmaceutical Affairs Act through lending a pharmacist license.

lending of a medical license

violation of the pharmaceutical affairs act

A

Answer to Related Inquiry

As in your case, even if a pharmacist is actually employed by an ordinary person and receives a salary, if the acquaintance who is the business operator does not have a license, this constitutes lending of a license and appears to be a matter of violation of the Pharmaceutical Affairs Act.


Lending of a medical license is generally carried out mainly by a non medical person in order to perform unlicensed medical acts.


However, there are also cases in which a medical professional lends a medical license in order to open duplicate medical institutions, so the types of lending of a medical license in fact exist in various forms.


You should be careful because, upon a violation involving lending of a medical license, the license may be suspended or revoked, and a custodial sentence may be imposed as criminal punishment.


A person who lends, receives, or arranges the lending of a medical license is subject to imprisonment for up to 5 years or a fine of up to 50 million won under the Medical Service Act.


In addition, if an act of lending a medical license is detected, both criminal punishment and administrative sanctions under a violation of the Medical Service Act may follow.


Our firm's attorneys specializing in medical cases handle clients' cases through accurate analysis and legal assistance on matters related to the Medical Service Act.

If there is a fact of lending a medical license and you are afraid of a complaint on charges of violating the Pharmaceutical Affairs Act, please obtain the assistance of our firm's attorneys specializing in medical cases.

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