네트워크 의료기관 경영의 법적 허용과 그 한계

Network clinic is a group of clinics that have a mutual-cooperative network or system. The management of network clinics is prohibited by Art.33(8) and Art.4(2) of Medical Law revised on Feb. 1st, 2012. The legal forms of managing network clinics could be classified into the four categorical types ― Association, Franchise, Undisclosed Association, and Enterprise(stock corporation). Art.33(8) of Medical Law prohibits the management of network clinics even in the case in which any legislative purpose (i.e. fullness of medical treatment) is not violated. This clause excessively suppresses doctors exercising their professional property rights with the result, that this clause is unconstitutional. But network clinics in type of stock corporation or undisclosed associational management still need to be prohibited in the future, because they could contaminate publicness, fairness and ethicality of medical system in Korea. Art.4(2) of Medical Law prohibits medical professionals from rending their licenses to others. Art.4(2) regulates undoubtedly immoral behaviors of medical professionals with the result, that this clause is completely constitutional. But this clause should be interpreted as applicable only to network clinics in type of stock corporation or undisclosed association management in which the doctor of the main clinic substantially controls the other clinics in network, and not as inapplicable to the other types of management.