CONTENTS
- 1. The Client Who Requested Help Over Unlicensed Medical Practice
- - If a Person Who Is Not a Doctor Uses a Medical Device, It Violates the Medical Service Act
- 2. Establishing a Defense Strategy for the Client Charged With Unlicensed Medical Practice
- - Medical Specialist Lawyer Defense 1. Emphasizing the Absence of Intent
- - Medical Specialist Lawyer Defense 2. Emphasizing Deep Remorse
- - Medical Specialist Lawyer Defense 3. Emphasizing That It Was an Offense Committed Out of Economic Necessity
- 3. Result of the Defense Against the Unlicensed Medical Practice Charge, a Suspended Sentence
1. The Client Who Requested Help Over Unlicensed Medical Practice
This is the account of a client who requested help regarding unlicensed medical practice.
The client, as a skin care professional, was performing a procedure on a customer when she was investigated by an investigative agency and indicted on the charge of using medical equipment despite not being a medical professional.
The investigative agency determined that the act constituted a violation of the Medical Service Act and took the position that criminal punishment was possible for unlicensed medical practice.
However, the client had been engaged in skin care purely for cosmetic purposes and was entirely unaware that it might constitute a medical act.
Accordingly, Daeryun Law Firm assigned an experienced attorney with extensive experience in cases involving violations of the Medical Service Act, who closely reviewed the circumstances and facts of the case and then established a response strategy.
If a Person Who Is Not a Doctor Uses a Medical Device, It Violates the Medical Service Act
Using a medical device without a license for the purpose of skin care, or providing treatment similar to massage, may also constitute a 🔗violation of the Medical Service Act.
For example, if a person who is not a medical practitioner uses a medical device for cosmetic purposes, or provides massage, acupressure, or the like without a masseur license, that person becomes subject to criminal punishment.
If a violation of the Medical Service Act is found, the offender may be subject to imprisonment for up to 5 years or a fine of up to 50 million won, and a criminal record may remain, which can cause serious harm to one's livelihood and social life.
Because the client did not recognize that conduct he considered merely part of a skin care treatment could lead to criminal punishment, a precise legal response was urgently needed from the early stages of the case.
Representative examples of violations of the Medical Service Act |
| 1. Where a person without a masseur license performs massage. |
| 2. Where a person without a medical practitioner license performs a skin procedure. |
| 3. A procedure performed with a product not approved as a pharmaceutical. |
2. Establishing a Defense Strategy for the Client Charged With Unlicensed Medical Practice
A defense strategy was established for the client charged with the unlicensed practice of medicine.
The attorney in charge comprehensively reviewed the client's situation and the nature of the act, and established a strategy that emphasized the absence of intent and requested leniency.
Medical Specialist Lawyer Defense 1. Emphasizing the Absence of Intent
The medical specialist attorney emphasized that the client did not even recognize the fact that the act in question constituted a medical practice.
The client mistakenly believed that the procedure was permissible through a skin care specialist certificate or a private qualification, and the attorney pointed out that similar procedures are in fact widely performed at ordinary skin care salons.
The attorney also highlighted that the procedure was not an intentional medical practice, on grounds such as the low invasiveness of the procedure and the use of a small instrument for cosmetic purposes.
Medical Specialist Lawyer Defense 2. Emphasizing Deep Remorse
The medical specialist attorney asserted that the client, although it was not intentional, has been deeply reflecting since recognizing that the client's conduct was a violation of statute.
The client immediately stopped the procedure in question and disposed of the related equipment, and submitted a business plan and a plan to change policies for future lawful operation.
The medical specialist attorney proved efforts to prevent recurrence through such reflection and willingness to improve, and requested leniency.
Medical Specialist Lawyer Defense 3. Emphasizing That It Was an Offense Committed Out of Economic Necessity
The client was a small-scale sole proprietor and was experiencing economic difficulties, including the economic downturn caused by COVID-19.
The medical law attorney emphasized that the client's unlicensed medical practice was not aimed at high profit but was a one-off act for retaining customers and earning a living, and appealed for leniency.
3. Result of the Defense Against the Unlicensed Medical Practice Charge, a Suspended Sentence
As a result of the assigned attorney’s assistance for the client charged with unlicensed medical practice, the court imposed a suspended sentence on the client.
The court stated that “although the alleged facts are recognized, the court takes into account, among other factors, that the accused admits the offense and shows remorse.”
Having received the suspended sentence judgment, the client was fortunately able to maintain employment without difficulty.
The client said, “Thanks to you, attorney, I have been able to maintain my livelihood. I am truly grateful.”
In this way, there are many cases in which a person, while operating a skin care or beauty-related business without accurately recognizing whether it violates the Medical Service Act, becomes subject to criminal punishment.
It is crucial to receive the assistance of a specialized attorney from the early stage of a case and to faithfully establish the nature of the act, the presence of intent, economic circumstances, and efforts at remorse and prevention of recurrence.
Daeryun, Korea’s 9th-ranked law firm (based on 2025 National Tax Service value-added tax filings), provides legal services that respond to the entire process of Medical Service Act violation cases, such as unlicensed medical practice, in a one-stop manner.
A 🔗medical specialist attorney who has experienced numerous cases related to Medical Service Act violations provides comprehensive legal support, including prior advice on whether conduct is unlawful under the Medical Service Act, the establishment of a response strategy before an investigative agency’s questioning, analysis of and pleading on whether a Medical Service Act violation is established, response at trial, and advice on lawful business operation.
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.
