Deals & Cases

Violation of the Medical Service Act
Violation of the Medical Service ActNon-Referral

Seosan Medical Attorney | Non-Referral Despite a Medical Service Act Violation With the Advice of a Seosan Attorney

A Seosan medical attorney defended a client who, accused of violating the Medical Service Act, looked for an attorney experienced in medical cases in Seosan, and the attorney obtained a non-referral decision.

1. The Client Who Sought a Seosan Medical Attorney

The client who sought a Seosan medical attorney was a doctor running a hospital in Seosan.

A patient who had been admitted to the client's hospital filed an insurance claim with the insurance company they had enrolled with.

The client explained that the insurance company reported they for a violation of the Medical Service Act, alleging that the client had issued a false medical certificate, which led to this case.

According to the insurance company, the patient did not sleep at the hospital for even a single day during the two-week hospitalization period, yet the client allegedly issued a false medical certificate so that the patient could claim the insurance proceeds.

The client explained that, as the hospital director, the only time they could check whether a patient was staying at the hospital was during rounds.

For patients who were not present during rounds, the client had handed over the treatment instructions to the nurses.

The patient may in fact not have slept at the hospital, but the client explained that during rounds the patient had consistently had their condition checked by the client.

The client came to a Seosan medical attorney asking for help in clearing the charge of violating the Medical Service Act.

2. The Client's Charges as Examined by a Seosan Medical Attorney

The client explained that they were facing a charge of 🔗violation of the Medical Service Act for issuing a false medical certificate.

Under the Medical Service Act, doctors, oriental medicine doctors, dentists, and others must not prepare a medical certificate falsely or intentionally add, alter, or revise it contrary to the facts.

In such a case, punishment is imposed under the Criminal Act, with the level as set out below.

Article 233 of the Criminal Act (Preparation of False Medical Certificate, etc.) When a doctor, oriental medicine doctor, dentist, or midwife falsely prepares a medical certificate, an autopsy certificate, or a certificate concerning life or death, they shall be punished by imprisonment for up to three years, suspension of qualifications for up to seven years, or a fine of up to 30 million won.


3. The Seosan Medical Attorney Client's Requests

The client explained that a police investigation was scheduled in two weeks and requested that the attorney accompany them.

The client also asked for help in denying the charge as the client maintained and concluding the case at the police stage.

The Seosan Medical Attorney Accompanying the Client to the Police Investigation

Honoring the client's request, the Seosan medical attorney thoroughly analyzed the case and the relevant laws and then decided to accompany the client to the police investigation.


Thanks to this, the client was able to go through the investigation without becoming nervous and without making any statements unfavorable to the client.

The Defense Opinion Submitted by the Seosan Medical Attorney

The Seosan medical attorney submitted a defense opinion containing the following points, requesting a non-referral decision for the client.

As the hospital director, the client could not have known whether an admitted patient slept at the hospital

The client judged that the patient needed inpatient treatment and issued the necessary prescription

The client is a first-time offender who has never committed any criminal offense, including the same type of offense

4. The Disposition Obtained by the Seosan Medical Attorney's Client

Seosan Medical Attorney
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After reviewing the facts of the case presented by the Seosan medical attorney, the police issued a non-referral decision on the client's case.

For the violation of the Medical Service Act, the client could have faced imprisonment for up to three years, suspension of qualifications for up to seven years, or a fine of up to 30 million won.

Because the client sought the assistance of the Seosan medical attorney, the case could be concluded at the police stage with a non-referral.

When you entrust a case, a Seosan attorney provides legal advice suited to the case and assists with all matters arising in connection with it.

If you face the risk of punishment on charges such as a violation of the Medical Service Act, please seek assistance with your response right away through an 🔗attorney.

서산의료전문변호사 | 서산변호사 자문 받아 의료법 위반에도 불송치

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.

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