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| TITLE | Supreme Court Decision 2020Do6492 Decided August 18, 2023 【Violation of the Medical Service Act; Violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Fraud)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Requirements for determining that a medical institution established under the name of a medical corporation is substantively established and operated by a nonmedical individual and cases that are considered to fall under such medical institutions Standards for determining whether a nonmedical individual established and operated a medical institution under the name of a medical corporation in violation of the eligibility for establishment of medical institutions [2] In the case where: (a) the Defendant, who is a nonmedical individual and thus ineligible for establishment of medical institutions, acquired Medical Corporation A and took over the right to operate Nursing Hospital B affiliated with Medical Corporation A; (b) the Defendant substantively took the initiative of operating Nursing Hospital B and established and operated Nursing Hospital B in violation of the eligibility for establishment of medical institutions, thereby having been charged with violating the Medical Act, the case holding that it cannot be readily concluded that the Defendant established and operated Nursing Hospital B through manipulations of law on the sole grounds that the Defendant acquired Medical Corporation A upon making investment of the funds for the late payment of wages for the employees of Nursing Hospital B and took the initiative in handling important matters pertaining to the operation of medical institutions and, therefore, that the lower judgment finding the Defendant guilty on the fact charged erred by misapprehending legal doctrines | |
