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Practicing medicine without a license: statutory penalty and likely requested sentence

The statutory penalty for Practicing medicine without a license and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 5 years in prison or a fine of up to KRW 50 million (increased, e.g. to up to 7 years in prison, if someone is injured)
Legal basis
Medical Service Act, Articles 87-2(2)(2) and 27(1)
Category
Food and health · Medical Service Act

Calculate with your own circumstances

What did you do?
Prior punishments for the same type of crime
Was the method very harmful to the human body, or was anyone injured or killed?
Answer all 3 questions and the estimate appears right away. (0/3)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

    Likely requested sentence
    1 to 2 years in prison

    If a method very harmful to the human body was used or someone was injured or killed, detention may be considered.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    1 year or more in prison
  3. Summary fine

    Likely fine
    KRW 2 million or more
  4. Summary fine

    Likely fine
    KRW 1 million or more

Notes

  • If it was done as a business to make money, the Act on Special Measures for the Control of Public Health Crimes applies and it becomes much heavier.
  • The statutory penalty has risen since 2016, so the actual handling may be heavier than this estimate.

Frequently asked questions

Practicing medicine without a license: what is the statutory penalty?
Legal basis: Medical Service Act, Articles 87-2(2)(2) and 27(1). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million (increased, e.g. to up to 7 years in prison, if someone is injured).
Practicing medicine without a license: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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