Pyeongtaek Criminal Attorney Assistance | Non-Referral Decision for a Physician Client Charged With Violating the Medical Service Act

This is the account of the client who requested assistance from a Pyeongtaek criminal attorney.

The client is a physician who runs a pediatric clinic in Pyeongtaek and personally handled X-ray imaging at the clinic.

On the day of the incident, a patient visited the clinic for an X-ray, but the client was attending to an emergency patient at the time.

In the meantime, a nurse proceeded with the patient's X-ray without reporting the situation to the client.

The client was later notified by the investigative authorities of matters related to this case.

In this situation, the client requested help from a Pyeongtaek criminal attorney in order to defend against punishment.

A violation of the Medical Service Act is punishable by imprisonment of up to five years or a fine of up to 50 million won.

For reference, a person who uses the title of a medical professional without providing medical treatment or without a license may be subject to a fine of up to 5 million won.

Article 65 (Revocation and Reissuance of a License) The Minister of Health and Welfare may revoke the license of a medical professional who falls under any of the following subparagraphs. Provided, that in the cases of subparagraphs 1 and 8, the license shall be revoked.

-If the person, in violation of Article 4 (6), causes serious harm to a person's life or body

-If the person, in violation of Article 27 (5), has a person who is not a medical professional perform surgery, a blood transfusion, or general anesthesia that may cause serious harm to a person's life or body, or has a medical professional perform such acts beyond the scope of the license

Article 8 (Grounds for Disqualification) A person who falls under any of the following subparagraphs may not become a medical professional.

-A person for whom five years have not passed since the execution of a sentence of imprisonment without labor or heavier was completed or was determined not to be carried out

-A person for whom two years have not passed since the suspension period for a suspended sentence of imprisonment without labor or heavier expired

-A person who is within the grace period of a suspension of sentencing of imprisonment without labor or heavier

If a person receives a suspended sentence or heavier for violating the Medical Service Act, there is a possibility of having the medical license revoked, so a prompt response is important.

This case involved an independent act that the nurse committed by mistake while under pressure from working hours and a patient request.

The client emphasized that the client was entirely unaware of this at the time.

To guard against situations such as this violation, the client had previously set up the X-ray imaging area near the director's office.

The client also emphasized that no violation had occurred at all during the several years the client had run the clinic.

As soon as the client was notified by the police of a request to appear, the client cooperated actively with the suspect questioning without objection and underwent the questioning in good faith.

The client argued that, even if the alleged facts were acknowledged, it should also be taken into account that the degree of the violation was extremely minor.

The case above is one in which a client involved in a criminal case on a charge of 🔗violating the Medical Service Act received a non-referral decision with the assistance of a Pyeongtaek criminal attorney, successfully defending against punishment.

Medical matters involve complex procedures and methods of proof, so it can be helpful to receive an attorney's assistance from the early stages of the case.

Daeryun Law Firm prepares carefully from the initial investigation stage and secures provable materials that can substantiate the relevant defense in order to assist the client.

If you become involved in a criminal case in a situation similar to the one above, please feel free to entrust your case to a Pyeongtaek criminal attorney at any time.