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An assistant professor at a medical school who advertised and distributed a 'vaccine card' claiming preventive and therapeutic effects against COVID-19 without authorization was sentenced to a suspended prison term.

April 12, 2022, broadcast screen of MBC PD Notebook's 'Dr. Water and the COVID-19 Vaccine Card' addressing the issue of the COVID-19 'vaccine card'. [Image source=MBC PD Notebook capture]

On the 29th, Judge Kim Taek-hyung of the Seoul Central District Court Criminal Division 9 sentenced Professor Kim Hyun-won (67) of Yonsei University Wonju College of Medicine to 8 months in prison with a 2-year suspension for violating the Medical Device Act. Professor Kim was prosecuted for advertising the efficacy of a card-type medical device without approval or certification from the Ministry of Food and Drug Safety on internet cafes and other platforms during the COVID-19 pandemic from November 2020 to April 2022. At the time, promotional phrases such as "It can prevent COVID-19 and patients can recover easily," "Efficacy has been sufficiently proven through phase 2 trials. Effectiveness is 100%," and "It is registered as an over-the-counter drug with the U.S. Food and Drug Administration (FDA)" were used.

Additionally, Professor Kim was charged with distributing an unauthorized medical device by providing this business card-sized card, which he claimed to have developed, as a supplement to a book he authored. In February 2021, during a service at Yoido Full Gospel Church in Seoul, the senior pastor promoted the card by saying it "emits waves that block and kill the virus," but distribution was canceled after the controversy grew.

In court, Professor Kim argued that the card was not a medical device and therefore he should not be subject to punishment. However, he had previously filed a patent claim stating that this 'vaccine card' "digitizes and outputs the waves of a mixed solution of COVID-19 therapeutics." The court found it reasonable to consider the card a medical device under the Medical Device Act based on the promotional content, wording on the card, and patent claims.

The court also considered his past record of similar offenses in sentencing. In 2010, Professor Kim was fined 20 million KRW after being prosecuted for violating the Medical Device Act and other charges for selling manufacturing equipment claiming that his developed 'Life Water' enhanced immunity and treated diseases such as cancer. The court stated, "There is a significant risk of harm to the public’s life, health, and welfare, so strict punishment is necessary," and criticized, "Despite having been punished for similar offenses, he committed the current offense again, and it is questionable whether he is remorseful." Professor Kim filed an appeal on the 19th, shortly after the first trial verdict.