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Q

I am curious about the response strategy and the level of punishment for the crime of unlicensed medical practice as a violation of the Medical Service Act.

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Hello, I am a nurse working in a provincial area. That day the hospital was extremely busy and complaints kept coming in, so I performed the X-ray imaging myself.. But someone saw that and reported it, sigh.. so I am now in a situation where I have been reported for violating the Medical Service Act, and I would like to know the response strategy during the investigation process. And what will the level of punishment be?

violation of the Medical Service Act

A

Answer to Related Inquiry

When one has been reported for unlicensed medical practice, a systematic response from the early stages of the case is important.

An investigative agency commences an investigation upon an accusation or on its own recognition, and a search and seizure, examination of witnesses, and interrogation of the suspect may take place.

In the early stages, it is important to clarify the facts and to organize and submit as evidence matters such as the circumstances of the incident, whether there was a work instruction, intent, and efforts to ensure patient safety.

It is advisable to make statements carefully, and securing materials such as a written statement of circumstances, records of work instructions, and materials related to the working environment is favorable for mitigation of the sentence.

In addition, unlicensed medical practice is a violation of the Medical Service Act and is punished under the Medical Service Act.

Under Article 87-2, Paragraph 2 of the Medical Service Act, it is provided that a person is subject to imprisonment for up to five years or a fine not exceeding 50 million won.

The level of punishment for unlicensed medical practice varies depending on factors such as whether it involves a simple report or a minor act, whether it was a repeated or intentional act, and whether actual harm occurred to the patient.

Generally, when a violation of the Medical Service Act is recognized, criminal punishment ranging from a fine to imprisonment without labor may be imposed, and where intent is low and there is no harm, there are cases that end with relatively light punishment.

Conversely, in the case of intentional or repeated acts or where harm to a patient has occurred, the possibility of an actual custodial sentence cannot be ruled out, so you must respond promptly from the early stages of the case.

For further details related to a violation of the Medical Service Act, you may wish to consult with an attorney experienced in medical cases.

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Attorney Kuk Il KIM

Kuk Il KIM

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Experience as chief prosecutor of Seoul Central District Prosecutors' Office and head of Goyang Branch of Uijeongbu District Prosecutors' Office

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KyeongHwan KIM

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