의료기관의 상인성에 대한 소고

Abstract

Under the Medical Service Act, a “medical institution” used means a place where medical personnel provide medical services or midwifery services (hereinafter referred to as “medical service”) to the general public or multiple specific people, and no medical personnel shall provide medical services, unless and until he/she establishes a medical institution in accordance with this Act. Also, medical corporations, as well as non-profit corporations that have established medical institutions under the Act, shall contribute to public hygiene and shall not seek profit, in conducting business of medical treatment (including incidental business that medical corporations conduct under the Act). The Korean Supreme Court and the Constitutional Court have noted the negative opinion on the possibility of seeking profits of medical institutions. But, if medical institutions are able to seek profits by establishing for-profit medical corporations and other ways to manage their institutions, it will reduce medical coats and give high quality medical services as various medical needs. This article studies on how to recognize medical institutions as merchants-by legal construction under the Commercial Code by reviewing advanced studies and cases, in order to examine the applicable possibility of the regulation under the Commercial Code such as the liability of persons who have lent their names and other relevant rules.