Deals & Cases

Violation of the Medical Service Act
Violation of the Medical Service ActSuspended sentence

Gangneung attorney | Gangneung attorney who defended a client who performed unlicensed medical acts and avoided imprisonment

A Gangneung attorney defended a client who came to Daeryun's Gangneung office facing the risk of imprisonment for having performed unlicensed medical acts. This is a case in which, with the Gangneung attorney's assistance, the client successfully avoided a prison sentence.

1. The client who came to a Gangneung attorney

The client who came to a Gangneung attorney came to Daeryun Law Firm saying that she faced the risk of imprisonment for having performed unlicensed medical acts.

The facts of the Gangneung attorney's client's offense were as follows.

The client was working as a dental hygienist at a dental clinic, and one day one of the dentists working there reportedly resigned.

The clinic director then instructed the client to administer anesthetic injections to the gums of patients requiring anesthesia in place of the dentist who had resigned, and by this instruction from the director the client came to take on the task of administering anesthesia.

Thereafter, the client administered anesthetic to dozens of patients by independently determining the anesthetic agent and dosage and giving them anesthetic injections.

In this way, the client committed the offense of performing unlicensed medical acts.

2. The facts of the Gangneung attorney's client's offense / The unlicensed medical acts confirmed by the Gangneung attorney

Medical Service Act

Article 27 (Prohibition of Unlicensed Medical Acts, etc.) (1) No person other than a medical practitioner may perform a medical act, and even a medical practitioner may not perform a medical act beyond what is licensed.

Article 87-2 (Penalty Provisions) (2) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won.

2. A person who violates Article 27 (1)

The Gangneung attorney's client violated Article 27 of the Medical Service Act; because she performed a medical act beyond what was licensed, she faced the risk of imprisonment for not more than five years or a fine not exceeding fifty million won.

3. The Gangneung attorney's defense of the client

The Gangneung attorney mounted the following defense in order to prevent the client's imprisonment.

Gangneung attorney, emphasizing that the client did not perform the unlicensed medical acts on her own initiative

It is certainly blameworthy conduct that the Gangneung attorney's client administered anesthetic to patients, which was an unlicensed medical act.

However, the client did not set out from the start to perform unlicensed medical acts on her own initiative; rather, it began at the recommendation and instruction of the clinic director.

The client was merely following the instruction of a superior when, in the course of her ordinary work, the clinic director told her to perform the anesthesia, half as a recommendation and half as an instruction.

Gangneung attorney, emphasizing that the client is repentant of her wrongdoing

The Gangneung attorney's client came to reflect seriously on what she had done, and she acknowledges that her conduct was a clear unlicensed medical act and is sincerely repentant and remorseful for her wrongdoing.

The client also admitted all of the charges and prepared and submitted a letter of apology.

Gangneung attorney, emphasizing that no harm had ever arisen from the client's conduct

While it is true that the Gangneung attorney's client's conduct was unlawful and wrong, there was no harm whatsoever resulting from the client's administration of the anesthetic.

Because no problems had ever arisen with the patients, we requested that this point be taken into consideration.

Gangneung attorney, emphasizing that the client has no prior record of the same type of offense

The Gangneung attorney's client is a first-time offender with no prior record of punishment or even of investigation for a crime of the same kind.

As the client is sincerely reflecting on her conduct, it can be seen that there is also no room for reoffending.

4. The judgment the Gangneung attorney's client received

강릉변호사 의뢰인이 받은 판결
Clicking the image above will take you to the Daeryun Law Firm legal consultation booking page.

After hearing the Gangneung attorney's arguments, the court handed down a suspended sentence to the client.

Because the client performed 🔗unlicensed medical acts that could even endanger a person's life, she faced the risk of severe punishment, but with the Gangneung attorney's assistance, the client was able to avoid a prison sentence.

If you are in a situation like the client's and face the risk of imprisonment, an immediate response is needed; if you come to a medical specialist attorney at Daeryun Law Firm and seek assistance, we will find the necessary solution and assist with the case.

강릉변호사 | 무면허 의료행위 한 의뢰인 변호해 징역형 방어한 강릉변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

Violation of the Medical Service Act: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney KyeongHwan KIM

KyeongHwan KIM

T. 070-5214-2362

medical lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Related Newsletters

View more

Related Case Analysis / Legal Updates

View more

Previous

Uijeongbu attorney assistance | Uijeongbu attorney helps a corporate client and a worker's application for remedy against unfair dismissal is dismissed

Next

Serious Accidents Punishment Act advisory | Daeryun Law Firm providing legal advisory on compliance with the Serious Accidents Punishment Act

View list
Quick Menu

Chat