Medical Service Act Violation Defense Case | Client Charged with Violation of the Medical Service Act Defends Against Conviction, Obtaining a Fine, With Daeryun's Assistance

The circumstances under which the client, a plastic surgeon, was indicted for a violation of the Medical Service Act are as follows.

The client heard from an acquaintance who operated a dermatology clinic that the effects of social media marketing were considerable.

As the clinic's revenue was poor, the client decided to try social media marketing, and entrusted the planning of the advertising to the marketing staff member in charge of advertising-related work.

This marketing staff member posted treatment-fee discount coupons for the clinic on social media and advertised that, if the coupon was presented when visiting the clinic, a 50% discount on treatment fees would be provided.

A social media user who came across this filed a report, and ultimately the client, as the person responsible for the clinic, was indicted for a violation of the Medical Service Act.

Because there was a possibility that an actual custodial sentence could be imposed in the case of a violation of the Medical Service Act, the client requested help from Daeryun in order to seek legal assistance with this matter.

As with the client above, one can not infrequently see plastic surgery or dermatology clinics issuing discount coupons through social media or aesthetic-medicine information platforms.

However, the acts above all constitute violations of the Medical Service Act. Let us review the relevant statutes.

If a patient purchases a treatment discount coupon with limited information and without consultation with a physician, there is a concern that indiscriminate medical practice may become prevalent, and it is considered that the patient's right to know and substantive right to choose with respect to medical treatment would be infringed.

A violation of this provision is punishable by imprisonment for not more than three years or a fine not exceeding 30 million won, and the Ministry of Health and Welfare may, as an administrative sanction, impose a suspension of license or a suspension of the clinic's business.

Therefore, however effective a means of medical advertising may be, it is advisable not to engage in acts that violate the law.

The case above was one in which assistance was sought from Daeryun in order to obtain a reduction of sentence after a violation of the Medical Service Act had already been committed.

The safest course is to first seek the advice of an attorney specializing in the Medical Service Act before introducing any means of medical advertising, and to proceed only after confirming its legality.

Daeryun Law Firm operates a Medical Group and, in cooperation with a medical advisory panel of personnel with hospital backgrounds who possess medical knowledge and clinical experience, provides medical advisory services covering civil, criminal, and administrative medical litigation as well as the overall operation of hospitals.

Therefore, if you need assistance with related matters, please feel free to visit Daeryun Law Firm at any time.