Deals & Cases
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 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

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.

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 aspecialized attorney
Related Information
Explore legal information related to this case.
Medical Service Act Violation Cases | Key Issues in Medical Service Act Violation Cases as Seen Through Case Law
Guide to the Procedure for Reporting Violations of the Medical Service Act and Methods for Securing Evidence
What Are the Punishment Standards and the Method of Reporting Unlicensed Medical Practice?
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
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


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View moreRelated Practice Areas
View moreConsult in other languages
Popular Columns
View moreGuide to the Procedure for Reporting Violations of the Medical Service Act and Methods for Securing Evidence

What Is Medical Negligence? Criteria for Determination and Levels of Punishment

How to Have a Physician's License Reissued or Reacquired After License Revocation

What Are the Punishment Standards and the Method of Reporting Unlicensed Medical Practice?

A Guide to the Procedure for Medical Accident Damages Litigation and How to Prepare Evidence

Related Newsletters
View moreRelated Case Analysis / Legal Updates
View moreSupreme Court Judgment Reexamining Whether a Violation of the Medical Service Act Is Established Merely Because of Involvement in the Operation of a Medical Corporation

Supreme Court Ruling That a Nurse's Bone Marrow Collection Is Not Unlicensed Medical Practice

Supreme Court Judgment Holding That a Physician Who Discharged a Patient Who Subsequently Died Did Not Commit Occupational Negligence Causing Death

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 listDo you have more questions?













