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Q

I have a question for the medical attorney.

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I run a hospital, and I have recently been placed at risk of punishment on the charge of submitting a false medical certificate. A patient whom I had treated a while ago submitted it to an insurance company, and the insurance company filed a criminal complaint against me, claiming that the medical certificate contained false content. I am now facing a charge of violating the Medical Service Act for preparing a false medical certificate and am at risk of punishment. In this case, what would be the best thing to do?

Medical attorney

False medical certificate

A

Answer to Related Inquiry

First, under Article 233 of the Criminal Act, preparing a false medical certificate is an offense punishable by imprisonment with labor or imprisonment without labor for up to 3 years, suspension of qualifications for up to 7 years, or a fine of up to 30 million won.


Under Article 66 of the Medical Service Act, where a person falsely prepares and issues a medical certificate, an autopsy certificate, or a certificate, falsely prepares medical records, or intentionally makes additional entries or modifications that differ from the facts, their license may be suspended for up to 1 year.


In addition, if a person asks a medical practitioner to prepare a false medical certificate, that person may be established as an instigator of the offense of preparing a false medical certificate, and if a medical practitioner prepares a false medical certificate in order to fraudulently receive medical care benefits, the medical practitioner's license may be revoked.


Therefore, where such a purpose is not present, because intent is important in determining whether this offense is established, you may reduce the level of punishment by proving that you did not intentionally prepare the false content.


In addition, in determining the level of punishment, the circumstances that led to the preparation of the false medical certificate, the degree of the false content, the resulting consequences, and the preparer's remorse are comprehensively taken into account.


If there was an improper motive, it may work unfavorably, and in order to reduce the punishment, it is important to honestly acknowledge the wrongdoing and show deep remorse during the investigation or trial process.


Through the assistance of a medical attorney experienced in cases related to the Medical Service Act, you should explain in detail the circumstances that led to the preparation of the false medical certificate, while showing sincere reflection rather than making excuses.

At our firm, medical attorneys and criminal attorneys cooperate to present an active defense strategy based on extensive experience in the Medical Service Act, the Criminal Act, and document-related crimes.

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