의료기관의 이중개설금지에 대한 고찰-대법원 2008.9.25. 선고 2006도4652 판결을 중심으로-

Due to the importance of the effect, which the medical practice has on public interest and public health, the medicine law has the fundamental rule of one doctor per one clinic, thus prohibiting the dual establishment of medical clinics. With regard to such prohibition, the Supreme Court has previously ruled that by limiting the establishment of clinic to a limited area where a medical practitioner can directly practice medicine, such prohibition rule can prevent management of medical clinics by non-licensed persons from the establishment stage. In the Supreme Court Decision 2006do4652, despite the fact that the medical clinics of the defendant, who is a medical doctor, were located within the area where the defendant was capable of practicing medicine by himself, the Court found the defendant guilty because the defendant practiced medicine, instead of participating in the management. Such finding of the Court resulted in confusion in the interpretation of the relevant law. The present medical industry is moving beyond the mere service of medical practice, and strives to advance the industry as a whole. Thus, to promote a widespread of medical related technology and establishments and to achieve sizable economic realization, the law should be amended to permit the dual establishment of medical clinics for licensed medical practitioners.