[의사면허증신청거부처분취소청구사건][고집1968특,90]
Whether a person who has run a medical business at a certain point with a medical license from the government of the Central Government of the Republic of Korea prior to the piracy is qualified under the Medical Service Act of Korea
A person who has run a medical service in a place after obtaining a medical license from the Government of the Republic of Korea, shall not be qualified as a doctor under the Medical Service Act of Korea.
Article 5 of the Medical Service Act, Article 2 of the Addenda of the Medical Service Act
Plaintiff
The Minister of Health and Welfare
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
As of July 20, 1967, the Plaintiff’s attorney sought a decision that the disposition rejecting the Plaintiff’s application for a medical license was revoked.
The gist of the Plaintiff’s assertion as the cause of the instant claim lies in the loss of the Plaintiff’s license, which was obtained from the Government of the Republic of China on March 1942, 194 from the Government of the Republic of China to operate the medical service at a certain point and returned to Korea on August 1947.
As such, the Plaintiff obtained a medical license from the Government of the Republic of China with a medical license from the Government of the Republic of Korea, and the right to obtain such license is recognized pursuant to Article 6 of the Addenda of the National Medical Service Act (No. 221 of September 25, 1951) and Article 3 of the Addenda of the current Medical Service Act. As such, on July 13, 1967, the Plaintiff filed an application for a medical license with the Defendant along with evidentiary documents, but the Defendant rejected the said application as stated in
However, the defendant's above disposition is an illegal disposition that disregards the plaintiff's rights acquired by the law, and thus cannot be revoked.
According to Article 4 (1) 3 of the Rules of the Medical Service Act, a medical doctor's license, qualification and other medical rights at the time of entry into force of this Act shall be deemed to have been acquired by this Act. According to Article 6 of the Rules of the National Medical Service Act No. 221 of 1951, Sep. 25, 1951, a medical doctor's license acquired prior to the enforcement of this Act shall be deemed to have been acquired by this Act. Thus, it shall be determined whether the status of the plaintiff who obtained a license from the Government of the Republic of China was recognized by the relevant Acts and subordinate statutes at least prior to the promulgation of the National Medical Service Act. Thus, Article 4 (1) of the Decree of the Korean Medical Service Act (Ordinance No. 31 of Aug. 21, 194) provides that a person who intends to be a doctor shall obtain a license from the Government of the Republic of Korea with respect to the shipbuilding General Decree No. 1950, Dec. 14, 1999.
Therefore, even before the enforcement of the National Medical Service Act, the plaintiff who is merely a person who has obtained a license from the Government of the Republic of China has not acquired the qualification as a doctor in the Republic of Korea under the medical laws and regulations of the Republic of Korea. In addition, in light of the purport of Article 13 of the National Medical Service Act and Article 14 of the Medical Service Act, the plaintiff's assertion on the premise that the license of the Government of the Republic of China's Republic of China's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of
Therefore, since the defendant did not have any error in the protocol that the defendant refused the plaintiff's application for a doctor's license and the plaintiff's claim is without merit, it shall be dismissed and the costs of the lawsuit shall be borne by the plaintiff as the losing party.
Judges Kim Ha-ju (Presiding Judge)