허위진단서작성과 진료기록 허위기재의 법적 문제

Abstract

Medical certificate, post-mortem examination or certificate guarantee its authenticity of the content through the article 233 of the criminal act. The article 233 of the Criminal Act(the crime of issuance of falsified medical certificates) states that if a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirty million won. To constitute the crime of issuance of falsified medical certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. On the other hand, the failure of correct and detailed writing on the medical examination record is subject to criminal conviction due to the breach of the article 22 (1) of the medical act. On the article 22 (1) of the medical act, whether the false writing on the medical examination record shall be punished or not is vague. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the accused did not MRI scan, etc. for precise observation about the disability status of patient, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. It should be distinguished between the need of punishment and being punished by the existing law. The principle “nulla poena nullum crimen cine lege” is the basic principle of the Constitution law and the Criminal Act, so it is strictly observed.