CONTENTS
- 1. Consultation Held with the Client Charged with a Violation of the Medical Service Act
- - The Circumstances of the Client Charged with a Violation of the Medical Service Act
- - Statutes Related to Violations of the Medical Service Act
- 2. Daeryun's Assistance for the Client Charged with a Violation of the Medical Service Act
- 3. Client Charged with a Violation of the Medical Service Act Succeeds in Defending Down to a Fine
- - Violations of the Medical Service Act: How to Protect a Medical License
1. Consultation Held with the Client Charged with a Violation of the Medical Service Act
The client visited Daeryun on short notice in order to obtain legal advice regarding a violation of the Medical Service Act. The client had advertised, through social media, treatment discount coupons for the plastic surgery clinic the client operated, and was reported by a social media user.
The Circumstances of the Client Charged with a Violation of the Medical Service Act
The circumstances under which the client, a plastic surgeon, was indicted for a violation of the Medical Service Act are as follows.
The client heard from an acquaintance who operated a dermatology clinic that the effects of social media marketing were considerable.
As the clinic's revenue was poor, the client decided to try social media marketing, and entrusted the planning of the advertising to the marketing staff member in charge of advertising-related work.
This marketing staff member posted treatment-fee discount coupons for the clinic on social media and advertised that, if the coupon was presented when visiting the clinic, a 50% discount on treatment fees would be provided.
A social media user who came across this filed a report, and ultimately the client, as the person responsible for the clinic, was indicted for a violation of the Medical Service Act.
Because there was a possibility that an actual custodial sentence could be imposed in the case of a violation of the Medical Service Act, the client requested help from Daeryun in order to seek legal assistance with this matter.
Statutes Related to Violations of the Medical Service Act
As with the client above, one can not infrequently see plastic surgery or dermatology clinics issuing discount coupons through social media or aesthetic-medicine information platforms.
However, the acts above all constitute violations of the Medical Service Act. Let us review the relevant statutes.
▣ Medical Service Act, Article 27, Paragraph 3 No person shall engage in, or instigate, any act of introducing, arranging, or soliciting a patient to a medical institution or a medical practitioner for the purpose of profit, such as exempting or discounting the co-payment under the “National Health Insurance Act” or the “Medical Care Assistance Act,” providing money, goods, or other benefits, or providing transportation convenience to an unspecified number of persons. Such acts of introducing, arranging, or soliciting a patient to a medical institution or a medical practitioner, and the instigation thereof, shall not be carried out. |
If a patient purchases a treatment discount coupon with limited information and without consultation with a physician, there is a concern that indiscriminate medical practice may become prevalent, and it is considered that the patient's right to know and substantive right to choose with respect to medical treatment would be infringed.
A violation of this provision is punishable by imprisonment for not more than three years or a fine not exceeding 30 million won, and the Ministry of Health and Welfare may, as an administrative sanction, impose a suspension of license or a suspension of the clinic's business.
Therefore, however effective a means of medical advertising may be, it is advisable not to engage in acts that violate the law.
2. Daeryun's Assistance for the Client Charged with a Violation of the Medical Service Act
Upon hearing the client's account through the legal consultation, it appeared difficult to argue that there was no suspicion of crime, because the fact of issuing treatment-fee discount coupons and advertising the provision of free procedures remained so clearly recorded as evidence.
However, Daeryun had an attorney with experience handling related cases, and, with that attorney at the center, formed a team with attorneys specializing in Medical Service Act litigation and provided assistance to the fullest extent in order to reduce the client's sentence.
The team then made the following arguments.
■ The team stated that, although it was true that the client operated a plastic surgery clinic, it was difficult for the client to be involved in marketing because of treatments and procedures, and that the posting of the advertisement in question was entirely the act of the marketing staff member.
■ The team stated that the client had not, until now, engaged in any acts in violation of the law, and had done his best for the convenience and satisfaction of patients, and was therefore a physician well regarded by patients.
3. Client Charged with a Violation of the Medical Service Act Succeeds in Defending Down to a Fine
Through the legal consultation, the client established that he had not been directly involved in the unlawful act, and as a result he was able to avoid an actual custodial sentence and defend the case down to a fine.
Violations of the Medical Service Act: How to Protect a Medical License
The case above was one in which assistance was sought from Daeryun in order to obtain a reduction of sentence after a violation of the Medical Service Act had already been committed.
The safest course is to first seek the advice of an attorney specializing in the Medical Service Act before introducing any means of medical advertising, and to proceed only after confirming its legality.
Daeryun Law Firm operates a Medical Group and, in cooperation with a medical advisory panel of personnel with hospital backgrounds who possess medical knowledge and clinical experience, provides medical advisory services covering civil, criminal, and administrative medical litigation as well as the overall operation of hospitals.
Therefore, if you need assistance with related matters, please feel free to visit Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
