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| TITLE | Supreme Court Decision 2021Do10046 Decided October 14, 2022 【Violation of the Medical Service Act; Violation of the Attorney-at-law Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of an “act of introducing, arranging, or soliciting” as referred to in Article 27(3) of the Medical Service Act and the legislative purpose of Article 27(3) of the Medical Service Act Meaning of “for profits” stipulated in Article 27(3) of the Medical Service Act and in such a case, whether “consideration” presupposes sharing profits gained from the medical institution or medical personnel with respect to an act of introducing, arranging, or soliciting a patient to a medical institution or medical personnel (affirmative) Where a certified damage adjuster receives any payment therefor from the insurance money that the patient received after paying medical expenses on behalf of the patient while introducing, arranging, or soliciting a patient to a certain medical institution or medical personnel for the convenience of the issuance of a medical certificate for stress disorder necessary to handle expenses with insurance including claiming or receiving insurance money, whether such act falls under any of the acts prohibited by Article 27(3) of the Medical Service Act (negative) [2] The legislative purpose of Article 109 Subparag. 1 of the Attorney-at-law Act, which prohibits a person, not an attorney-at-law, from providing or arranging legal services and meaning of “other general legal cases” Whether claiming insurance money, or leading the process of handling a case involving an insurance claim, on behalf of policyholders, who have no or little legal knowledge, may be seen as an act of performing legal affairs in relation to “other general legal cases” (affirmative) Where a certified damage adjuster, who promises to receive money, etc. or accept remuneration, is involved in claiming insurance money to automobile insurers or arranging arbitration or solicitation or promoting convenience in determining the amount of compensation for damage to be made between automobile insurers that the victim and the perpetrator are subscribed to, on behalf of the victim of the car accident, whether a certified damage adjuster’s such act corresponds to matters necessary for damage adjustment falling under a certified damage adjuster’s affairs (negative) | |
