Lending of a Medical License

Article 4-3 of the Medical Service Act strictly prohibits a medical practitioner from lending their license to another person.

A license granted to a medical practitioner, such as a doctor, dentist, oriental medical doctor, midwife, or nurse, must be used only by that person, and lending it to or borrowing it from another person is prohibited by law in all cases.

In addition, arranging the lending of a medical license is also prohibited by law, so all forms of transaction or brokerage related to license lending are subject to punishment.

Under Article 64 of the Medical Service Act, where a medical practitioner establishes or operates a medical institution under the name of another medical practitioner or a medical corporation, the practitioner may receive a suspension of medical practice of up to one year, a revocation of the establishment permit, or an order to close the medical institution.

Where a permit is thus revoked or a suspension of medical practice is imposed, the medical practitioner concerned may not newly establish or operate a medical institution for a certain period (at least six months).

Article 65 of the Medical Service Act clearly provides for license revocation in the event of a violation of the prohibition on lending a medical license.

A medical practitioner whose license has been revoked cannot obtain the license again, but reissuance is possible under certain conditions.

To obtain reissuance, the grounds for the violation must have been resolved, clear signs of genuine reform must be shown, and an education program prescribed by Presidential Decree must be completed.

This education program includes the following content, and at least 40 hours of education are required.

The education program is conducted at an educational institution designated by the Minister of Health and Welfare, and a certificate of completion must be issued after the education is completed.

Under Article 67 of the Medical Service Act, where a medical institution commits a violation, a penalty surcharge of up to 1 billion won may be imposed in lieu of suspension of medical practice.

The penalty surcharge is determined according to the type and degree of the violation, and it may be imposed up to three times.

If it is not paid, it is collected in the same manner as delinquent local taxes.

You should systematically collect and organize all available materials related to the case, such as conversations, text messages, recordings, photographs, call records, and location information.

Organizing the circumstances at the time the incident occurred in chronological order can be of great help in clarifying your memory during the investigation or statement process.

All collected materials and statements may be used as evidence in a criminal trial, so they should be reviewed carefully before submission.

It is advisable to obtain expert advice before submitting important materials, and in order to prevent unnecessary misunderstandings, limiting the scope of submission where necessary may also be worth considering.

① During questioning, you should answer based on the facts and only within what you know.

It is advisable to avoid unnecessary information or speculative remarks, and to ask for clarification whenever a question is unclear.

② Controlling your emotions and remaining calm is also very important.

Even when the investigator repeatedly questions or applies pressure, you should keep your answers consistent and not lose composure.

Such an attitude can help build trust and prevent unnecessary misunderstandings.

③ You may actively exercise the right to remain silent.

When refusing to answer, you should clearly state, “I will decline to answer this question.”

If you wish to contest a business suspension disposition or revocation of a medical license imposed on a medical institution, you may seek relief through two procedures: administrative adjudication and administrative litigation.

First, if you consider the disposition unjust or excessive, you may file a request for administrative adjudication to seek revocation or modification of the disposition.

Administrative adjudication is a procedure through which the lawfulness of a disposition can be reviewed relatively quickly.

If you are not satisfied with the result of the administrative adjudication, or if you wish to obtain a court ruling immediately, you may file administrative litigation with the administrative court.

Administrative litigation is a procedure in which the court directly judges the lawfulness of a disposition, and it can be an effective means of response when the goal is revocation of the disposition.