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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2024Do3736 Decided November 13, 2025 【Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlicensed Healthcare Provider); Fraud; Violation of the National Health Insurance Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where a physician colluded with a nonphysician to commit a violation of Article 5 Subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes and exercised control over the act based on the joint intention, whether the physician is held legally accountable as a co-principal for the violation of Article 5 Subparag. 1 of the said Act (affirmative) Whether the act of engaging in unlicensed medical practice as a profession for profits after the institution of Article 87-2(2)3 of the Medical Service Act by Act No. 17787 on December 29, 2020, constitutes the crime of violation of Article 5 Subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes (affirmative), and whether the same applies when a medical personnel such as a physician is held legally accountable for such crime as an accomplice (affirmative) [2] Meaning of “for profits” and engaging in medical services “as a profession” under the Act on Special Measures for the Control of Public Health Crimes | |
