🧾 Case Overview

A court ruled that when a doctor receives multiple cash payments from a pharmaceutical company for promotional purposes, the statute of limitations starts from the last payment, not each individual payment.

The reasoning: if misconduct is continuous, it is treated as one ongoing violation, not separate acts.



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⚖️ Court & Decision

Court: Seoul Administrative Court (Administrative Division 12)

Outcome: Plaintiff (doctor) lost the case



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📌 Key Facts

The doctor received:

₩9.8 million total

Over 10 separate payments

Between September 2016 and late July 2017


In March 2025, the Ministry of Health and Welfare:

Issued a 4-month medical license suspension

Based on violation of medical law




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🧑‍⚖️ Doctor’s Argument

Claimed that:

Each payment should be treated separately

Some payments were already past the 5-year statute of limitations

Therefore, the punishment was unlawful




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🏛️ Court’s Reasoning

If misconduct is continuous and related, it counts as one single offense

Therefore:

The statute of limitations starts from the final act (last payment)




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⏳ Statute of Limitations Calculation

Last payment: Late July 2017

Court assumed (favorably): July 1, 2017

Add 5 years → July 1, 2022

Time spent in criminal trial is excluded from the limitation period

Final expiration date: April 29, 2025



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✅ Final Judgment

Government action:

Issued: March 21, 2025

Delivered: March 26, 2025


Since this was before April 29, 2025, the action was:

✔️ Within the statute of limitations

✔️ Legally valid




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💡 Key Takeaway

In Korean administrative law:

Repeated similar misconduct = one continuous act

The clock starts ticking from the last violation, not the first

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=218082