Our Client, a Catholic physician operating a clinic, learned during treatment that a patient was a Catholic priest. Out of religious piety and respect for the clergy, the physician waived the patent’s out-of-pocket expenses and provided the treatment free of charge.

However, after the competent mayor filed a complaint alleging that the physician had violated the Medical Service Act by introducing, arranging, or soliciting patients for profits, a police investigation was initiated and the case was referred to the prosecution with a recommendation for indictment.

Representing the client, we argued that the exemption of out-of-pocket expenses was purely motivated by religious conviction, with no intent to solicit patients for pursuing financial gain. In support of this argument, we cited a relevant precedent in which an acquittal was granted on the grounds that such an exemption was not considered profit-oriented.

We further emphasized that the client had provided costly, non-covered treatments at no charge, clearly indicating the absence of any financial motive. Only two patients received such exemptions, and the total amount involved was limited to a few hundred thousand Korean won.

The prosecution issued a non-prosecution decision, finding insufficient grounds to conclude that the physician’s actions were intended to solicit patients for financial gain or disrupt the medical service market.