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KMID : 1234820130140020049
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Korean Society of Law and Medicine
2013 Volume.14 No. 2 p.49 ~ p.80
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Recent Issues related to the Medical Certificate and Prescriptions
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Moon Hyeon-Ho
Kim Young-Tae
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Abstract
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The Issuance of false medical certificates on Criminal Law or the Medical Service Act are frequently applied to the insurance fraud cases related with the medical certificate, prescriptions. The meaning of medical certificate is not defined on the crime of Issuance of false medical certificates, but considering the rule of Paragraph 1 of Article 17 of the Medical Service Act, which punishes drawing up the medical certificate by anyone except the doctor who has directly examined, and the principle of legality, the medical certificate applied with the crime of Issuance of false medical certificates should (1) include the judgment after current medical examination, (2) be written for the purpose of verifying the health status and (3) have a style that can be recognizable as medical document usually written by doctors. In addition, since there have been many argues on the range of application of the Paragraph 1 of Article 17 of the Medical Service Act, which generally regulates various kinds of documents such as medical certificates, prescriptions and others, which have different purpose and characters, the range of application of the clause above is needed to be interpreted strictly.
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KEYWORD
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Article 17 of the medical service act, Article 18, Article 233 of the criminal law, Direct medical examination, False medical certificate, Prescriptions, Confirmation document of hospitalization, Remote medical examination
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