의사면허자격정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff obtained a medical license under the Medical Service Act on February 1990, and operated a medical institution under the name of “A” in the Gu and the Gu and America.
B. On September 10, 2015, the Defendant issued a disposition to suspend the Plaintiff’s license for two months from July 1, 2016 to August 31, 2016 pursuant to Article 66(1)1 of the Medical Service Act, and Article 32(1)5 of the Enforcement Decree of the Medical Service Act (hereinafter “instant disposition”).
C. The specific grounds for the instant disposition were that the Plaintiff received money and valuables from C, a business employee of “B drugs, for the purpose of promoting the sale of drugs, as the Plaintiff received KRW 3,347,50 on December 20, 201, the sum of KRW 765,300 on February 18, 201, KRW 1,625,70 on February 18, 201, and KRW 3,347,500 on March 18, 201.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. According to Article 66(1)1 of the Medical Service Act as to whether the reason for disposition is recognized, the defendant may suspend the license qualification of the medical person for a period not exceeding one year, where the medical person severely undermines the dignity of the medical person.
In addition, according to Article 32(2) of the Enforcement Decree of the Medical Service Act, the scope of the act of severely impairing the dignity of medical personnel is prescribed by Presidential Decree. Article 32(1)5 of the Enforcement Decree of the Medical Service Act provides that “an act of unfairly receiving money or goods in relation to the duties, such as selection of medical personnel,” as one of the acts
In full view of the statement and the purport of the argument as indicated in subparagraph 9, the Plaintiff received a proposal from C, a business employee of “B drugs, to provide economic benefits, such as cash,” and received such proposal. Accordingly, C, in order to promote the sale of self-drugs, the sum of KRW 765,300 on December 20, 2010, KRW 1,625,70 on February 18, 201, KRW 956,50 on March 18, 201, and KRW 30 on March 18, 201.