Administrative

Medical Act Violation Lawyer

Medical Act Violation Lawyer | Understanding the Criminal and Administrative Sides of a Medical Act Case

Summary

A "Medical Act violation" (의료법위반) covers a wide range of conduct — from letting a non-medical person operate a clinic, to illegal joint operation of a hospital by multiple doctors, unlicensed advertising, or billing irregularities. What makes these cases different from ordinary criminal matters is that the Medical Act (의료법) allows both a criminal prosecution and a separate administrative sanction against your license to proceed at the same time, based on the same facts. A conviction — even a minor fine — can independently trigger suspension or revocation of your medical license by the Ministry of Health and Welfare, regardless of how the criminal case ends.

Administrative · Criminal Governing law: Medical Act (의료법) License Suspension Risk Physicians / Dentists / Pharmacists

Medical Act Violation | Why One Incident Becomes Two Separate Proceedings

Most clients are surprised to learn that resolving the criminal case does not end their exposure. The administrative sanction runs on its own timeline and its own standard of proof.

Criminal track: police, prosecutors, and court

Medical Act violations are investigated by police or the prosecution and can result in a fine, suspended sentence, or imprisonment depending on the provision violated (의료법 제87조, 제88조, 제90조). Some violations, such as unlicensed practice of medicine, carry mandatory minimum sentencing considerations that make early legal strategy important.

Administrative track: license suspension by the Ministry

Separately, the Minister of Health and Welfare may suspend a medical license for up to one year, or in serious repeat cases revoke it, once a violation is confirmed (의료법 제66조). This decision is often made after the criminal case concludes and is based on the details of the criminal judgment, so the wording of a plea bargain or sentencing outcome in the criminal case can directly affect the administrative penalty.

Why the sequencing matters

Because the administrative agency typically waits for and relies on the criminal court's findings, decisions made early in the criminal process — how facts are characterized, what is admitted, and what sentence is negotiated — can narrow or widen the administrative agency's room to act. Coordinating both tracks from the outset, rather than treating the license issue as an afterthought, is usually the more effective approach.

Medical Act Violation | How License Suspension and Revocation Actually Work

Not every finding of guilt leads to the same outcome for your license. The severity, repetition, and category of the violation all matter.

Suspension vs. revocation

A license suspension is a temporary bar on practicing, capped at one year per violation under the statute (의료법 제66조). Revocation is reserved for the most serious or repeated violations, such as multiple convictions for illegal fee-splitting or fraudulent billing, and effectively ends the ability to practice under that license.

Requesting a hearing before sanction is finalized

Before a suspension or revocation is finalized, the licensee is generally entitled to submit an opinion or request a hearing under the Administrative Procedures Act (행정절차법), which is the practical opportunity to present mitigating circumstances — first-time violation, cooperation with authorities, corrective measures already taken — before the sanction is fixed.

Challenging the sanction itself

If a suspension or revocation has already been issued, it can be challenged through an administrative appeal or an administrative litigation seeking cancellation of the disposition, including an application to suspend enforcement of the sanction while the case is being reviewed, which is often the most urgent practical step for a physician who needs to keep the clinic open.

Medical Act Violation | The Types of Medical Act Cases We See Most Often

The term "Medical Act violation" covers very different conduct, and the defense approach differs significantly depending on which provision is at issue.

Illegal joint operation / network hospitals (사무장병원)

Operating or being involved in a hospital where a non-medical investor effectively controls the business (a so-called "사무장병원") is prohibited (의료법 제33조 제2항), and violations are treated seriously because they are also tied to National Health Insurance billing fraud, which can trigger separate repayment demands from the Health Insurance Review and Assessment Service (HIRA).

Unlicensed practice and scope-of-practice disputes

Allowing unlicensed staff to perform procedures that require a medical license, or a licensed professional practicing outside their registered scope, falls under the general prohibition on unlicensed medical practice (의료법 제27조) and is one of the most heavily prosecuted categories.

Advertising violations

Medical advertisements that make exaggerated or unverifiable claims, or fail to go through the required pre-review, can violate the Medical Act's advertising provisions (의료법 제56조) and frequently arise from patient reviews or competitor complaints rather than patient injury.

Medical Act Violation | From Initial Contact by Authorities to Final Resolution

Initial fact-finding and evidence review
Before responding to police, prosecutors, or a HIRA/health authority inquiry, we review the medical records, billing data, and any complaint documents to identify which specific provision is alleged to have been violated.

Criminal-stage response
This includes preparing for a voluntary interview or formal questioning, submitting written opinions, and — where appropriate — pursuing a non-prosecution disposition or negotiating the terms of any plea, always with an eye on how the outcome will read to the licensing authority.

Administrative-stage response
In parallel or following the criminal case, we prepare submissions for the Ministry of Health and Welfare's hearing process, aiming to reduce a proposed suspension period or avoid revocation, and file for suspension of enforcement if a sanction is issued while a clinic needs to remain open.

Litigation, if necessary
If the criminal judgment or the administrative sanction is unfavorable, we evaluate appeal (criminal) or administrative litigation seeking cancellation of the disposition (administrative), including any related civil exposure such as HIRA repayment claims.

Medical Act Violation | How Fees Are Set for Medical Act Cases

Retainer fee
Set according to the stage the case is at (police investigation, prosecutorial review, trial, or administrative hearing) and the complexity of the underlying provision — a single advertising violation is priced differently from a joint-operation (사무장병원) case involving multiple defendants and HIRA claims.

Administrative hearing / litigation fee
Handled as a separate matter from the criminal defense retainer, since it involves a different agency, different procedure, and often a different timeline, though the two are coordinated by the same team.

Contingent or success-linked fee
Where used, this is tied to concrete, verifiable outcomes such as a reduced suspension period or successful cancellation of a disposition, and is discussed and fixed in the engagement agreement before work begins — never presented as a guarantee of any particular result.

Expenses
Court and administrative filing fees, expert opinion costs (e.g., medical billing or standard-of-care review), and document procurement costs are billed separately as incurred.

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

Medical Act Violation | Self-Check Before Your Consultation

1️⃣ If You Have Received a Police or Prosecutor's Summons

Do you know which specific article of the Medical Act you are alleged to have violated?
Have you already given a statement to police or investigators without legal advice?
Is there a co-defendant (e.g., a business partner or administrator) whose interests may conflict with yours?
Have you preserved relevant medical records, contracts, and billing data rather than altering or deleting them?

2️⃣ If You Are Facing a License Suspension or Revocation Notice

Has the Ministry of Health and Welfare issued a formal notice, or only a preliminary notice of intended disposition?
Have you been given an opportunity to submit an opinion or request a hearing before the sanction is finalized?
Do you need the clinic to remain operating while you challenge the sanction (i.e., do you need to seek suspension of enforcement)?
Is this a first violation, or do you have a prior sanction history that could affect the severity of the penalty?

3️⃣ If Your Case Involves a Joint-Operation (사무장병원) Allegation

Who is legally registered as the hospital's founder/operator, and does that match who actually controls the finances?
Has HIRA already issued or signaled a repayment demand related to insurance billing?
Are there written agreements (investment, profit-sharing, employment) that could be read as evidence of illegal joint operation?

Frequently Asked Questions

Q. Can I lose my medical license even if the criminal court only gave me a fine?

A. Yes. Under the Medical Act, license suspension or revocation is a separate administrative sanction that the Ministry of Health and Welfare can impose once a violation is confirmed, regardless of how light the criminal penalty is (의료법 제66조). A fine in the criminal case does not by itself prevent a suspension in the administrative case.

Q. What is a 사무장병원 (illegal joint-operation hospital) and why is it treated so seriously?

A. It refers to a hospital or clinic where a non-medical person effectively owns or controls the business while a licensed doctor is listed as the nominal operator, which is prohibited under the Medical Act (의료법 제33조 제2항). These cases are prosecuted aggressively because they are usually connected to fraudulent National Health Insurance billing, exposing everyone involved to both criminal liability and HIRA repayment demands.

Q. If I am found not guilty in the criminal case, is the administrative sanction automatically dropped?

A. Not automatically, but a not-guilty finding is strong evidence for the administrative proceeding, since the health authority's sanction is usually based on the facts established in the criminal case. If the sanction was already issued based on an earlier indictment, an acquittal can be used as grounds to challenge or reverse that sanction through administrative appeal or litigation.

Q. How long can a medical license be suspended for a Medical Act violation?

A. A single suspension is capped at one year under the statute (의료법 제66조), though the specific length depends on internal sanction guidelines that consider the type of violation, whether it is a repeat offense, and any mitigating factors submitted during the hearing process. Revocation, reserved for the most serious or repeated cases, is not subject to that one-year cap.

Q. Do I need to respond to a Ministry of Health and Welfare notice even if I already resolved the criminal case?

A. Yes. The administrative notice is a separate legal proceeding with its own deadlines, and failing to respond or request a hearing within the given period can result in the proposed sanction being finalized without your input. Even if you accepted a plea or fine in the criminal case, you generally retain the right to submit mitigating evidence in the administrative process.

Q. Can advertising a clinic on social media or review platforms lead to a Medical Act violation?

A. Yes, if the advertisement contains exaggerated, unverifiable, or misleading claims, or was required to undergo pre-review and did not, it can violate the advertising provisions of the Medical Act (의료법 제56조). These cases often start from a competitor's complaint or a patient review rather than any actual patient harm.

Q. Is it possible to keep the clinic open while I challenge a suspension order?

A. It can be possible to apply for suspension of enforcement of the disposition as part of an administrative appeal or litigation, which asks the court or review body to pause the suspension while the underlying challenge is being decided. Whether this is granted depends on the urgency of the harm to the clinic and the apparent strength of the underlying challenge, so it needs to be filed promptly.

Q. What should I do first if I'm not yet under formal investigation but heard I might be reported?

A. Gathering and preserving your own records — medical charts, billing logs, contracts with any business partners — before anything is requested by an investigator is one of the most useful early steps, since these documents are often central to how the specific provision at issue is interpreted. Getting an early legal assessment of which provision is realistically at risk can also help you avoid statements or actions that make the situation harder to manage later.

Q. I run a clinic together with another doctor — could that arrangement itself be a violation?

A. It depends on the structure. Co-ownership between licensed doctors is generally permitted, but if the arrangement effectively puts control in the hands of a non-medical investor, or if profit-sharing is structured in a way that resembles illegal fee-splitting, it can raise issues under the Medical Act's joint-operation and fee-splitting provisions (의료법 제33조 제2항, 제23조의5). A review of the actual operating and financial structure, not just the paperwork, is usually needed to assess the risk.