Charge Detail Summary

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File Number: Chiro20/476P
Practitioner: Dr Sung Gyu Hong
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Legislation – breach of Crimes Act 1961 (Established)


Sexual misconduct - indecent assault (Established)


Additional Orders:


Appeal Order:


Decision:

Full Decision 1150Chiro20476P.pdf


Appeal Decision:


Precis of Decision:

Charge

On 6 May 2021, the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge laid by a Professional Conduct Committee against Sung Gyu Hong, a registered chiropractor of Auckland (the Chiropractor).   

The charge was laid under s 100(1)(c) of the Health Practitioners Competence Assurance Act 2003 (HPCA Act). The charge alleged that the Chiropractor had been convicted of an offence that reflected adversely on his fitness to practise. The Christchurch District Court had convicted the Chiropractor of five counts of indecent assault against five female patients.

Background

The charges before the Court alleged that between October 2016 and 12 September 2018, the Chiropractor had indecently assaulted five separate female patients. Each assault occurred during chiropractic treatments.

The Chiropractor admitted the offending when he was interviewed by the Police. He said that he knew that what he did was wrong, and that he had pretended it was part of treatment.

The Court sentenced the Chiropractor to seven months’ home detention, commencing from 9 May 2019. The Chiropractor was also ordered to pay reparation in the sum of $2,000.00 to each of the victims for emotional harm.

Finding

The hearing proceeded via audio-visual link on an agreed summary of facts. The Chiropractor accepted the charge in its entirety. The Chiropractor also accepted that his offending reflected adversely on his ability to practise.

The Tribunal established the charge. The Tribunal had no hesitation in finding that the Chiropractor had been convicted of offences which reflected adversely on his fitness to practise.

Penalty

 The Tribunal:

  • Cancelled the Chiropractor’s registration;
  • Ordered that the Chiropractor not apply for reregistration for two years;
  • Ordered that before the Chiropractor applies for reregistration, he must undertake a course addressing professional and ethical obligations of a chiropractor;
  • Censured the Chiropractor;
  • Ordered the Chiropractor to pay costs amounting to $7,800.00

The Tribunal directed publication of the decision and a summary.