A doctor who administered 5,000 doses of etomidate, a drug called the "second propofol," to 75 hospital visitors has received a finalized sentence of four years in prison.
The Supreme Court's Third Division (Presiding Justice Noh Kyung-pil) said on the 27th that it upheld a lower court ruling that sentenced a doctor, a person surnamed Moon, to four years in prison and a fine of 10 million won in a final appeal on charges including violating the Act on Special Measures for the Control of Public Health Crimes (unlicensed medical provider).
Etomidate is a prescription drug that induces general anesthesia by causing loss of consciousness when administered. It has no therapeutic effect on sleep disorders, but it is called the "second propofol" and is being misused and abused as a sleeping pill. The Ministery of Food and Drug Safety designated etomidate as a narcotic psychotropic drug starting in Feb. this year and is managing all distribution stages.
Moon opened an internal medicine clinic in Gangnam District, Seoul, in Nov. 2016. Moon, targeting visitors to the clinic who were addicted to propofol and came for sleep purposes, provided sleeping space and, for money, agreed to administer etomidate. At the time, unlike propofol, which had already been designated as a psychotropic drug, there was no obligation to report etomidate to the Ministery of Food and Drug Safety.
Moon conspired to sell the drug by paying eight nursing assistants a "administration fee" and having them inject etomidate into visitors. In Sept. 2019, Moon received 1.6 million won from visitor A and had etomidate injected 16 times. Over five years through Sept. 2024, Moon sold etomidate in the same way 5,071 times to 75 people and received 1.2541 billion won. Before the nursing assistants injected the visitors, Moon did not conduct medical examinations.
In the first trial, the court sentenced Moon to six years in prison and a fine of 10 million won. It also ordered the forfeiture of 1.2541 billion won as criminal revenue from the sale of etomidate. The first trial panel said, "Considering the risks of administering etomidate and the possibility of side effects and harm, the nursing assistants' injections cannot be regarded as acts permissible under the spirit of the overall legal order, including the Medical Service Act, or by social norms."
In the second trial, the court sentenced Moon to four years in prison and a fine of 10 million won. It ordered forfeiture of 984.85 million won, excluding amounts such as the purchase price of etomidate. The second trial panel said, "Delegating etomidate injections in violation of the duties to examine and diagnose patients and to instruct and supervise nursing assistants constitutes unlicensed medical practice."
The Supreme Court dismissed the appeal, saying the lower court did not misunderstand the law.