CONTENTS
- 1. The Client Who Sought a Medical Attorney
- - The Client Booked on a Charge of Violation of the Medical Service Act
- 2. Violation of the Medical Service Act Explained by a Medical Attorney
- - What Is the Sentence for Violation of the Medical Service Act?
- 3. The Attorney's Areas of Assistance
- - The Medical Attorney's Assistance (1): Argument That the Offense Resulted From Lack of Legal Knowledge
- - The Medical Attorney's Assistance (2): Argument That the Client Is Making Efforts to Prevent Recurrence
- 4. Result of the Attorney's Assistance: Non-Prosecution
- - When Charged With Violation of the Medical Service Act
1. The Client Who Sought a Medical Attorney
This is a case in which a client who sought out the medical specialized attorney was booked on an allegation of violating the Medical Service Act and faced the risk of punishment, but obtained a non-prosecution decision by proceeding with the case together with a specialized attorney.
The Client Booked on a Charge of Violation of the Medical Service Act
The circumstances of the client who came to the medical specialist attorney and requested assistance are as follows.
Having fallen on hard financial times, the client decided to start a service-provision business to make a living.
After coming across information online about opening a massage parlor, the client decided to operate a massage parlor even though he lacked the qualification to do so.
After opening the massage parlor, the client hired masseuses online and provided massages for a fee to customers for profit.
Several months later, the client received contact from an investigative agency that an investigation was beginning on charges of 🔗violation of the Medical Service Act, and could not hide his dismay.
He came to the medical specialist attorney to proceed with the case together with a specialist attorney and obtain a non-prosecution decision from the prosecution.
2. Violation of the Medical Service Act Explained by a Medical Attorney
The client, involved in a charge of violating the Medical Service Act, came to a medical specialist attorney in order to defend against punishment.
The relevant statutes and precedents will be examined in detail.
What Is the Sentence for Violation of the Medical Service Act?
Under Article 82(1) of the Medical Service Act, the qualification of a masseur is granted only to persons with visual impairment.
In other words, it is entirely illegal for a person who does not have a visual impairment to operate a massage parlor.
This constitutes a violation of the Medical Service Act and may be punished under the following provision.
Article 88 of the Medical Service Act (Penalty Provisions)
A person who falls under any of the following shall be punished by imprisonment for not more than 3 years or a fine not exceeding 30 million won.
④ A person who, without having obtained recognition of qualification as a masseur, performs massage for the purpose of profit
Q. Medical specialized attorney, if I have obtained a sports massage therapist certificate, do I have masseur qualification?
A. No. The Supreme Court has held that even if a person has completed sports massage training and registered as a business, performing massage without masseur qualification constitutes a violation of the Medical Service Act.
3. The Attorney's Areas of Assistance
The medical specialist attorney reviewed the relevant statutes and precedents and established a careful strategy.
In order to obtain a non-prosecution decision from the prosecution, the attorney made the following arguments.
The Medical Attorney's Assistance (1): Argument That the Offense Resulted From Lack of Legal Knowledge
The client carried out the founding and operation of the business without clearly recognizing the legal issue of a violation of the Medical Service Act.
The client did not know that their conduct was illegal, but came to realize their wrongdoing through this case.
It was emphasized that, immediately after the case arose, the client stopped all business and advertising activities and immediately closed the massage parlor.
The Medical Attorney's Assistance (2): Argument That the Client Is Making Efforts to Prevent Recurrence
The client has lived as a faithful member of society with no prior record of any crime, whether of the same or a different kind.
The client deeply repents of his wrongdoing and is making efforts to prevent recurrence.
It was emphasized that the client faithfully completed the relevant education, and that, along with a resolve to thoroughly comply with legal regulations going forward, he is seeking a lawful means of livelihood.
4. Result of the Attorney's Assistance: Non-Prosecution
The prosecution, accepting the medical specialist attorney's arguments, ultimately issued a non-prosecution decision.
Able to conclude the case at an early stage through the non-prosecution decision, the client expressed deep gratitude.
When Charged With Violation of the Medical Service Act
Where a non-medical person operates a massage parlor, it may appear to be a simple business activity, but this is a violation of the Medical Service Act and may result in serious punishment.
For this reason, it can be said to be crucial to receive the assistance of a specialized attorney with a deep understanding of the Medical Service Act.
Daeryun has a number of 🔗medical attorneys with experience as medical dispute mediation committee members and examiners, and with experience as medical professionals, which makes detailed assistance possible on a case-by-case basis.
If you are experiencing difficulty in a situation similar to the case above, please request a consultation on your case through a 🔗legal consultation appointment.
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.
