Case Type: Criminal

Result: Deferred Prosecution

Case Details:

Suhn Law Group Criminal Team (Project Lead: Attorney Kim Woo-jung) successfully obtained a deferred prosecution for a dermatology clinic director who was investigated by the Seoul Metropolitan Police Agency’s Narcotics Investigation Unit after a patient’s family filed a false report claiming that the clinic failed to issue medical records. Attorney Kim actively argued that the patient themselves never requested the medical records and emphasized the coercive nature of the investigation, leading the prosecution to grant a deferred prosecution.

Under Article 21(1) of the Medical Service Act, patients may request their medical records, and medical practitioners cannot refuse without justifiable reason. Article 21(2) prohibits issuing medical records to anyone other than the patient, and Article 21(3) requires proof of kinship for issuance to a family member. In this case, the investigators claimed that the patient requested the records alongside their family, while the client, the clinic director, maintained that only the investigators made the request and that no proof of familial relation was presented. Although the client’s account had merit, the investigation had multiple supporting statements from the unit, the patient, and the patient’s family.

The client was frustrated by the unlawful nature of the initial investigation, as the patient’s family had falsely reported that the clinic was prescribing narcotics, prompting a 3–4 hour raid by around ten investigators. Despite no narcotics being found, tensions escalated, and the client’s assertive response risked aggravating the situation further.

Attorney Kim argued in a written opinion that the client initially refused to cooperate without a warrant and was only compelled to comply under threat. The defense emphasized that the patient never requested the records, supporting a claim of no culpability. Knowledge that similar cases of non-issuance typically result in minor fines or suspended sentences further informed the defense strategy.

Although the police forwarded the case to the prosecution, the prosecution was reluctant to proceed, knowing that even if filed, a suspended sentence was likely and that Attorney Kim would vigorously challenge the investigation’s legality.

Ultimately, the proactive strategy by Suhn Law Group (Project Lead: Attorney Kim Woo joong) and the submission of additional opinions led to a deferred prosecution—a resolution that recognizes the charge but allows the prosecution to refrain from filing, leaving no criminal record. This outcome was especially significant for the client, a 30-something physician with less than five years of practice, for whom a criminal record would have serious implications.

Suhn Law Group continues to provide comprehensive support in medical law and other criminal cases by analyzing facts in detail, applying legal principles effectively, and achieving optimal outcomes for clients.

Case Inquiries: Attorney Kim Woo joong