If You Borrow Your Name but Actually Provide Medical Treatment... Court Rules "Not Medical License Lending"

[Asia Economy Reporter Seongpil Cho] A court has ruled that if a doctor personally provided medical treatment at a hospital where the license was illegally lent, it cannot be considered as lending the medical license.

The Seoul Administrative Court, Administrative Division 6 (Presiding Judge Seongyong Lee) ruled in favor of doctor A in a lawsuit filed against the Minister of Health and Welfare, requesting the cancellation of the suspension of A's medical license. The court judged that although the plaintiff lent the medical license, since the plaintiff continued to perform medical acts directly at the medical institution and no unqualified person performed medical acts, it could not be regarded as 'license lending.'

Previously, doctor A was the registered founder of a hospital in Seocho-gu, Seoul, and was given a suspended indictment in 2015 on charges that doctor B was involved in establishing and operating multiple medical institutions. The Ministry of Health and Welfare suspended A's medical license. Under the current Medical Service Act, medical personnel cannot establish or operate medical institutions under another medical professional's name. Also, lending a medical license to others is prohibited, and violating this can lead to license cancellation. Doctor A filed this lawsuit, disputing the Ministry of Health and Welfare's decision, claiming that he did not lend his license but was in partnership with doctor B and personally provided medical treatment.