CONTENTS
- 1. The client who came to a Gangneung attorney
- 2. The facts of the Gangneung attorney's client's offense / The unlicensed medical acts confirmed by the Gangneung attorney
- 3. The Gangneung attorney's defense of the client
- - Gangneung attorney, emphasizing that the client did not perform the unlicensed medical acts on her own initiative
- - Gangneung attorney, emphasizing that the client is repentant of her wrongdoing
- - Gangneung attorney, emphasizing that no harm had ever arisen from the client's conduct
- - Gangneung attorney, emphasizing that the client has no prior record of the same type of offense
- 4. The judgment the Gangneung attorney's client received
1. The client who came to a Gangneung attorney
The client who came to a Gangneung attorney came to Daeryun Law Firm saying that she faced the risk of imprisonment for having performed unlicensed medical acts.
The facts of the Gangneung attorney's client's offense were as follows.
The client was working as a dental hygienist at a dental clinic, and one day one of the dentists working there reportedly resigned.
The clinic director then instructed the client to administer anesthetic injections to the gums of patients requiring anesthesia in place of the dentist who had resigned, and by this instruction from the director the client came to take on the task of administering anesthesia.
Thereafter, the client administered anesthetic to dozens of patients by independently determining the anesthetic agent and dosage and giving them anesthetic injections.
In this way, the client committed the offense of performing unlicensed medical acts.
2. The facts of the Gangneung attorney's client's offense / The unlicensed medical acts confirmed by the Gangneung attorney
Medical Service Act
Article 87-2 (Penalty Provisions) (2) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won.
2. A person who violates Article 27 (1)
The Gangneung attorney's client violated Article 27 of the Medical Service Act; because she performed a medical act beyond what was licensed, she faced the risk of imprisonment for not more than five years or a fine not exceeding fifty million won.
3. The Gangneung attorney's defense of the client
The Gangneung attorney mounted the following defense in order to prevent the client's imprisonment.
Gangneung attorney, emphasizing that the client did not perform the unlicensed medical acts on her own initiative
It is certainly blameworthy conduct that the Gangneung attorney's client administered anesthetic to patients, which was an unlicensed medical act.
However, the client did not set out from the start to perform unlicensed medical acts on her own initiative; rather, it began at the recommendation and instruction of the clinic director.
The client was merely following the instruction of a superior when, in the course of her ordinary work, the clinic director told her to perform the anesthesia, half as a recommendation and half as an instruction.
Gangneung attorney, emphasizing that the client is repentant of her wrongdoing
The Gangneung attorney's client came to reflect seriously on what she had done, and she acknowledges that her conduct was a clear unlicensed medical act and is sincerely repentant and remorseful for her wrongdoing.
The client also admitted all of the charges and prepared and submitted a letter of apology.
Gangneung attorney, emphasizing that no harm had ever arisen from the client's conduct
While it is true that the Gangneung attorney's client's conduct was unlawful and wrong, there was no harm whatsoever resulting from the client's administration of the anesthetic.
Because no problems had ever arisen with the patients, we requested that this point be taken into consideration.
Gangneung attorney, emphasizing that the client has no prior record of the same type of offense
The Gangneung attorney's client is a first-time offender with no prior record of punishment or even of investigation for a crime of the same kind.
As the client is sincerely reflecting on her conduct, it can be seen that there is also no room for reoffending.
4. The judgment the Gangneung attorney's client received
After hearing the Gangneung attorney's arguments, the court handed down a suspended sentence to the client.
Because the client performed 🔗unlicensed medical acts that could even endanger a person's life, she faced the risk of severe punishment, but with the Gangneung attorney's assistance, the client was able to avoid a prison sentence.
If you are in a situation like the client's and face the risk of imprisonment, an immediate response is needed; if you come to a medical specialist attorney at Daeryun Law Firm and seek assistance, we will find the necessary solution and assist with the case.
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