Case Type: Criminal

Result: Suspension of Indictment

Case Summary:

Suhn Law Group criminal defense team (lead attorney: Woo Joong Kim) represented a dermatology clinic director who had been booked for allegedly failing to issue medical records, following a report by a patient’s family and an investigation initiated by the Seoul Metropolitan Police Agency’s Metropolitan Investigation Unit (Narcotics Division). The case concluded with a suspension of indictment.

Under Article 21 of the Medical Service Act, patients are entitled to request issuance of medical records, and medical professionals may not refuse such requests without justifiable grounds. The Act also prohibits disclosure to third parties, including family members, unless proper documentation verifying the familial relationship is provided.

In this case, investigators claimed that both the patient and accompanying parties had requested the medical records. However, the client consistently maintained that only the investigator made such a request, and that neither the patient requested the records nor did the family present any documentation proving their relationship.

At the initial stage, the investigation was triggered by a false report alleging illegal drug prescriptions at the clinic. Approximately ten investigators conducted an extensive on-site search for several hours, but no illegal substances were found. During this process, tensions arose between the client and investigators.

Attorney Kim Woo Joong emphasized procedural concerns regarding the initial investigation, including the absence of a warrant and the coercive nature of the search. At the same time, the defense argued that no valid request for medical records had been made by the patient, thereby disputing the basis of the alleged violation.

Although the police referred the case to the prosecution with a recommendation for indictment, the prosecution was reluctant to proceed, considering the minor nature of the alleged offense and the likelihood of procedural challenges being raised during trial.

Following the submission of additional legal opinions, the prosecution ultimately issued a suspension of indictment. This outcome reflects a decision not to pursue formal charges despite acknowledging the alleged conduct, thereby avoiding a criminal record for the client.