의사면허자격정지처분취소
1. The Defendant’s disposition of suspending qualification for two months against the Plaintiff on June 20, 2018 is revoked.
2...
1. Details of the disposition;
A. The Plaintiff is a doctor who establishes and operates a medical institution (hereinafter “instant hospital”) on the fifth floor of the building B of Ansan-si, Ansan-si with the trade name “Csan Women’s Center” (hereinafter “instant hospital”).
B. On September 28, 2016, the Plaintiff received a summary order of KRW 1,00,000 from the Suwon District Court’s Ansan Branch on the criminal facts that “the Plaintiff recruited an experience group through E (hereinafter “D”) that was operated on three occasions from June 2015 to January 2016, the Plaintiff provided an interview subsidy to the Experience Division and provided an experienceer who posted a publicity letter after the experience program, thereby inducing the patient for profit-making purposes” (a summary order of KRW 1,00,000 was issued (around 2016 high-class 12918, Ansan District Court’s Ansan Branch Branch). At that time, the said summary order became final and conclusive as it is.
C. On June 20, 2018, the Defendant issued a disposition suspending qualification for the Plaintiff on the ground of Articles 66(1)10 and 27(3) of the Medical Service Act, on the ground that “the Plaintiff introduced, mediates, or induced a patient to a medical institution or a medical person for profit, such as the facts constituting the crime described in the foregoing paragraph (b)” (hereinafter “instant act”), on the ground that “the Plaintiff was acting for two months (from July 31, 2018 to September 30, 2018).
(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The act of inducing or inducing a patient to a medical institution or a medical person for profit by providing money or other valuables prohibited under Article 27(3) of the Medical Service Act, etc. refers to the act of receiving money or other valuables, etc. in connection with the patient's transfer to a specific medical institution. It does not mean the case where a medical institution simply pays advertising fees without connection with the patient's attraction during the medical advertisement process.
However, the plaintiff's advertising contract with D companies.