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Legal Intellectual

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Q

I have a question about unlicensed medical practice.

Legal IntellectualViews38,676

Hello. It is embarrassing, but I have a question regarding unlicensed medical practice. It is not that I have no medical license at all, but some time ago my medical license was suspended due to a certain incident. Even so, I simply concealed this and continued to perform medical practice. I thought it would be fine because there was no problem with my skill, but I have been reported for unlicensed medical practice. The punishment will be greater, will it not? I am worried that at this rate my license might be revoked altogether.

unlicensed medical practice

suspension of a physician's license

revocation of a medical license

A

Answer to Related Inquiry

Hello. The situation you describe clearly constitutes unlicensed medical practice, and the level of punishment is very high.

The Medical Service Act provides that a person who has not obtained a license may not perform medical practice, and this includes a medical practitioner whose license has been suspended.

In other words, if you performed medical practice during the period of suspension of your qualification, this is regarded as unlicensed practice and may be subject to imprisonment for up to five years or a fine of up to 50 million won.

In particular, if there are circumstances showing that, while knowing you were in a suspended state, you intentionally continued unlicensed medical practice and concealed this from patients or institutions, it may be assessed more seriously than a simple violation.

Because even a disposition of license revocation is possible depending on factors such as recidivism, habituality, and whether harm occurred, you must keep in mind both administrative disposition and criminal punishment.

In your response going forward, factors such as confession and remorse, whether there is a victim, the seriousness of the medical practice, and whether patient safety was harmed will play an important role.

To respond to both the criminal and administrative dispositions, it is important to organize your explanatory materials together with an attorney specializing in medical law and to prepare for leniency regarding the unlicensed medical practice. We strongly recommend that you obtain legal advice promptly.

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