CONTENTS
- 1. Unlicensed Medical Practice | Concept
- 2. Unlicensed Medical Practice | Types of Conduct
- - Prohibition of Brokering and Inducement
- - Directing and Aiding Unlicensed Medical Practice
- - Cases Permitted Exceptionally
- 3. Unlicensed Medical Practice | Punishment
- - Conduct Subject to Punishment
- 4. Unlicensed Medical Practice | Administrative Disposition
- - Dispositions Against Medical Professionals
- - Dispositions Against Medical Institutions
- 5. Unlicensed Medical Practice | Investigation and Trial
- - The Investigation Process and Response Strategy
- - Procedure for Conducting the Trial
- 6. Unlicensed Medical Practice | Legal Response Strategy for Medical Professionals
1. Unlicensed Medical Practice | Concept
Unlicensed medical practice refers to a case in which a person who is not a medical professional engages in a medical procedure, or a medical professional engages in a medical procedure exceeding the scope of the license granted to them.
This is conduct expressly prohibited under Article 27(1) of the Medical Service Act.
▶Article 27(1) of the Medical Service Act No person other than a medical professional may engage in a medical procedure, and even a medical professional may not engage in a medical procedure other than what is licensed.
The "medical procedure" referred to here is interpreted as a concept encompassing not only simple procedural acts but all professional judgments and treatments aimed at the diagnosis, treatment, and prevention of disease.
In practice, whether conduct constitutes unlicensed medical practice is determined by comprehensively considering the content of the act, the need for expertise, the risk to the patient's body, and the structure of direction and supervision by the medical professional.
2. Unlicensed Medical Practice | Types of Conduct
Unlicensed medical practice goes beyond procedures performed by a non-specialist and includes all medical practice performed by a person without a license, or acts by medical personnel that exceed the scope of their own license.
Prohibition of Brokering and Inducement
Providing or receiving money or economic benefits in exchange for referring patients to a medical institution or medical personnel is strictly prohibited under the Medical Service Act.
Representative problematic cases include the following.
- Discounting a patient's out-of-pocket payment or providing cash or gift certificates
- Broker conduct involving fees for referring patients to a hospital
- Referral structures that channel foreign patients to specific hospitals
Such conduct may not stop at mere inducement, and it can extend to aiding and abetting unlicensed medical practice or to joint principal liability, which makes it highly risky.
Directing and Aiding Unlicensed Medical Practice
Unlicensed medical practice does not result in punishment of only the person who actually performs the procedure.
- Where a non-medical person is instructed to perform a medical act
- Where medical support staff are tacitly permitted or aided in performing acts beyond the scope of their license
- Where a hospital operator knows of this and fails to manage or supervise it
The medical practitioner involved, the hospital director, and the actual operator may all be subject to criminal liability.
In particular, internal hospital duty-allocation charts, instruction messages, CCTV footage, and medical records are often used as evidence of aiding or conspiracy.
Cases Permitted Exceptionally
Under the Medical Service Act, in certain exceptional situations an unlicensed person may also perform medical practice within a limited scope.
• Where a student of a medical school, dental school, college of Korean medicine, or similar institution performs medical practice for educational purposes
• Where the activity falls under international medical volunteer work, research, or a pilot project
However, even in these cases the conditions and procedures prescribed by Ordinance of the Ministry of Health and Welfare must be followed, and any act beyond the permitted scope is regarded as unlawful.
3. Unlicensed Medical Practice | Punishment
Unlicensed medical practice is an act that poses a serious threat to public health and safety, and current law strictly prohibits it and imposes strong criminal punishment.
Conduct Subject to Punishment
• A person who is not a licensed medical practitioner performs a medical act
• A licensed medical practitioner performs a medical act beyond the scope of their license
• A person directs an unlicensed individual to perform a medical act, or instructs or aids a licensed practitioner in performing a medical act outside their license
• A person lends a medical license to another, or arranges the lending of a license
Where a person commits an act that constitutes an unlicensed medical act as described above, the following criminal punishment may apply.
▶ Medical Service Act Article 87-2 (Penalty Provisions)
Unlicensed medical act | Imprisonment for up to 5 years or a fine of up to 50 million won |
4. Unlicensed Medical Practice | Administrative Disposition
If unlicensed medical practice is detected, an administrative disposition may be imposed on the medical professional and the medical institution, in addition to criminal punishment.
Dispositions Against Medical Professionals
- Suspension of license qualification (generally three months or more)
- Revocation of license where the violation is serious
Revocation of a license is a disposition that directly affects a medical practitioner's professional livelihood, and a long-term restriction applies before reissuance.
Dispositions Against Medical Institutions
- Suspension of the medical institution's operations (typically one to three months)
- Aggravated disposition in the case of repeated violations
A suspension of operations goes beyond a simple administrative sanction and may lead to a halt in revenue, a decline in trust, and a chain of complaints.
5. Unlicensed Medical Practice | Investigation and Trial
When unlicensed medical practice is suspected or detected, criminal investigation and trial proceedings follow, and an appropriate response strategy can be very important during this process.
The Investigation Process and Response Strategy
① Commencement of the investigation
The police or prosecutors begin an investigation into a suspected unlicensed medical practice based on an accusation or on their own detection of the case.
During this process, a search and seizure, examination of witnesses, and interrogation of the suspect may take place.
② Initial response
In the early stages of the investigation, it can be important to clearly ascertain the facts and to prepare evidence and a legal response strategy.
③ Statements and submission of evidence
Caution is needed when making statements to the investigative authorities, and it can be important to actively prepare and submit evidence that may support a reduction of the sentence.
Procedure for Conducting the Trial
① Decision on whether to indict
The prosecution decides whether to indict based on the results of the investigation. If the charges are recognized, the case is referred to a formal trial.
② Trial procedure
At trial, the defendant's statements, examination of evidence, and questioning of witnesses take place.
During the trial, defense counsel's pleading and review of the legal issues play a key role.
③ Judgment and sentence
Unlicensed medical practice may be punished by imprisonment with labor for up to 5 years or a fine of up to 50 million won, and depending on the circumstances, a suspended sentence, a fine, or an actual custodial sentence may be imposed.
Whether the offender is a first-time offender, the degree of harm, and whether the offender shows remorse may affect the sentence.
6. Unlicensed Medical Practice | Legal Response Strategy for Medical Professionals
| Stage | Key issues | Response strategy for practitioners and institutions |
|---|---|---|
| Before awareness and early stage | Whether an unlicensed medical act is established | Review whether the act constitutes a medical act Organize whether the act falls within the scope of the license |
| Commencement of investigation | Accusation, complaint, or internal report | Identify the facts promptly Preserve and organize relevant materials |
| Search and seizure, submission of materials | Medical records and evidence of work instructions | Distinguish unfavorable materials from neutral ones Strategically adjust the scope of materials submitted |
| Questioning of the suspect and witnesses | Whether there was intent and supervisory direction | Simulate statements in advance Clarify the scope of the license and the division of duties |
| Legal response | Determination of whether the act was unlicensed | Dispute over the interpretation of the scope of the license Argument that the act was an auxiliary or simple task |
| Aiding and joint principal issues | Liability of the hospital director or operator | Deny the facts of instruction or acquiescence Prove the limits of management and supervision |
| Criminal punishment stage | Determination of the sentence | Emphasize first-time offense, remorse, and measures to prevent recurrence |
| Administrative disposition response | Suspension or revocation of license | Submit a written opinion at the stage of prior notice of disposition Argue violation of the principle of proportionality |
| Risk of business suspension | Suspension of the medical institution's operation | Review minimizing the business suspension or converting it to a penalty surcharge |
| Post-trial stage | Management of follow-up risks | Revise internal regulations and redesign staff training and duties |
| Prevention in advance | Prevention of recurrence | Build a work manual by scope of license Clarify the roles of non-medical personnel |
If an unlicensed medical act is detected, it may not stop at being investigated but can lead to revocation of license, suspension of business, or even criminal punishment, which can have a significant effect on a doctor's entire career.
Because an unlicensed medical act goes beyond a simple violation and is directly tied to one's livelihood, a professional strategy and legal assistance are required from the investigation stage.
In unlicensed medical act cases, the firm responds thoroughly from the early police investigation through schedule coordination and accompaniment, advance simulation, and similar measures so that the client does not make unfavorable statements.
The firm also analyzes the circumstances of the case and the particular nature of the medical act to present the client's position persuasively, and it actively supports settlement with the victim.
In addition, for damages litigation, the firm responds with an integrated civil and criminal strategy, focusing on minimizing the disadvantages the client may face.
If you have been detected for an unlicensed medical act and need legal support, please feel free to 🔗request the assistance of a medical attorney at any time.
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