Ulsan Nam-gu ○○ Hospital

Ulsan Metropolitan City Mayor of the Nam-gu Public Health Center

Ulsan-dong 1538 - 4

Attorney ○-○, et al.

2. The costs of lawsuit shall be borne by the defendant.

The following facts may be determined by comprehensively taking into account the evidence No. 1, evidence No. 2, evidence No. 7 through 10, evidence No. 12-1, 2, evidence No. 2, evidence No. 3-1, 2, and evidence No. 7-2, and the purport of the whole pleadings:

A. From around August 30, 2001, the Plaintiff has been operating ○ Hospital, which is a medical care department for psychotropic surgery, emotional surgery, internal surgery, anesthesia pain medicine, and diagnostic radiation, from around August 30, 200 to Ulsan-gu, Ulsan-gu as a medical care department.

B. From around December 2003, through the Internet homepage of the ○○ Hospital (○○○), the Plaintiff published a luminous height using the expressions such as “a person specializing in surgery, vertea Hospital”, “a self-official filmer: the up-to-date computer screener, the external propaganda body photographer, the ultra-spathic photographer, the ultra-spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic spathic

C. On November 28, 2005, the Defendant imposed a penalty surcharge of KRW 14,625,00 in lieu of one month of business suspension on the Plaintiff, applying Article 51 and 53-2 of the Medical Service Act, Article 33 of the Enforcement Decree of the Medical Service Act, and attached Table 2 of the Enforcement Decree of the Medical Service Act. The Defendant imposed a penalty surcharge of KRW 16,625,00 in lieu of one month of business suspension on the ground that the above advertisement constitutes an exaggerated advertisement under Article 46(1) of the Medical Service Act.

D. Accordingly, on February 23, 2006, the Plaintiff filed an administrative appeal by asserting that the said imposition of a penalty surcharge was unlawful, and the Ulsan Metropolitan City Mayor rendered a ruling on February 23, 2006 that the said imposition of a penalty surcharge shall be changed to KRW 7,312,500, which is substituted by the business suspension period of 15 days (hereinafter the above changed imposition of a penalty surcharge of KRW 7,312,50, which is changed as above).

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Since the above advertisements posted on the website by the Plaintiff cannot be deemed to constitute an exaggerated advertisement under Article 46(1) of the Medical Service Act due to their content, the instant disposition against the Plaintiff was unlawful.

(b) Relevant statutes;

As shown in the attached Form.

(c) Determination:

According to Article 46 (1) of the Medical Service Act, an excessive advertisement means an advertisement that is likely to mislead consumers (patients) by excessively exposing facts about medical services or the career of medical personnel in the medical area requiring high professional knowledge and technology, and that is likely to mislead consumers (patients) into such contents. It means an advertisement that is likely to mislead or confuse consumers (patients) with regard to medical services or the career of medical personnel, and that is likely to cause misconceptions or confusions about the health of citizens and the sound competition order of medical care. Whether there is a concern for consumers (patients) to mislead consumers (patients) of the fact, is likely to mislead consumers (patients) with common attention.

The judgment should be objectively made on the basis of the overall and empirical perception and impression.

However, entry of Gap evidence 3, Gap evidence 4, Gap evidence 12-1, 2, Eul evidence 7-1, and Eul evidence 8

Comprehensively taking account of the overall purport of the pleadings, the Plaintiff, after obtaining a doctor’s license on February 28, 1983, was employed as a professor from the medical college of ○○ University on March 3, 1992, and was on August 30, 2001, to Ulsan-gu ○○○○ University on August 30, 201.

The above hospital opened the above ○ Hospital. The hospital is a hospital with the two underground floors, 36 rooms of 6th and 128 units of disease on the ground, and 7 medical doctors and 30 nurses are currently engaged in medical practice by possessing the latest medical device for diagnosis and treatment of disease, such as the two underground floors, 36 units of hospitalization rooms of 6th and 128 units of disease, and the department of anesthesia, internal department, anesthesia pain, anesthesia, diagnostic radiation, etc. as its specialized department, and it is difficult to view the plaintiff as having no knowledge of the above advertising facilities and the advertisement of the patient or the general public on the grounds that there is no reason to believe that there is no concern about the advertisement of the above hospital.

The following facts and circumstances are generally determined by the medical personnel’s ability to learn and utilize the latest medical technology, whether to install and operate the advanced medical device, the level of medical technicians, and the size of the medical technician. For the past ten years, the Plaintiff appears to have accumulated considerable clinical experience and relevant knowledge in the field of spine surgery, etc., which is a specialized field while serving as ○○ University’s and a university’s ○ University’s professor for the past ten years. The Plaintiff appears to have performed diagnosis and treatment of diseases.

In full view of the fact that necessary high-priced medical devices and equipment are possessed, it is reasonable to deem that the medical level of the above hospital has reached a considerable level as to several specialized fields, such as spine surgery surgery, and as to the content of the above advertisement, especially the "domestic highest level", if a consumer (patient) with ordinary attention in light of the front and rear door of the advertisement and the regional conditions, it is difficult to deem that the above ○○ Hospital is not likely to mislead or cause confusion with the above ○○ Hospital as a patient with the best medical service as the most recent medical device, beyond the circumstance that the above ○ Hospital provides the best medical service as the most recent medical device, in light of its common sense and regional conditions. Accordingly, it is unlawful to deem that the above advertisement does not fall under the "serious advertising" as provided by Article 46 (1) of the Medical Service Act.

3. Conclusion

If so, the plaintiff's claim seeking the cancellation of the disposition of this case is reasonable, and it is so decided as per Disposition.

Judges Kim Jong-sung

Attorney Demotion

1. Medical Service Act;

Article 46 (Prohibition of Exaggerated Advertisement, etc.)

(1) No medical corporation, medical institution or medical person shall conduct a false or exaggerated advertisement with respect to the business of medical treatment or the career of the medical person.

Article 51 (Cancellation, etc. of Permission for Establishment)

(1) If a medical institution falls under any of the following subparagraphs, the Minister of Health and Welfare or the head of a Si/Gun/Gu may suspend its medical business or revoke permission for the establishment thereof or order it to close the medical institution: Provided, That in the case of subparagraph 8, permission for establishment of the medical institution shall be revoked or an order to close the medical institution shall be issued, and the closure of the medical institution may be limited to the medical institution reported pursuant to Article 30 (3) and the main sentence of Article

5. Where he violates the provisions of Article 30 (6), 33, 46 or 47;

Article 53-2 (Disposition of Penalty Surcharge)

(1) If a medical institution falls under any subparagraph of Article 51 (1), the Minister of Health and Welfare or the head of a Si/Gun/Gu may impose a penalty surcharge not exceeding 50 million won in lieu of the disposition of suspension of medical service, as prescribed by Presidential Decree. In such cases, no penalty surcharge shall be imposed more than three times

(2) The amount of penalty surcharges depending on the type, degree, etc. of offenses subject to the penalty surcharges under paragraph (1) and other matters necessary therefor shall be prescribed by Presidential Decree.

2. Enforcement Decree of the Medical Service Act;

Article 33 (Standards for Calculation of Penalty Surcharge)

The amount of penalty surcharge under Article 53-2 of the Act shall be calculated by applying the standards of the attached Table in accordance with the suspension standards of medical service prescribed by the Ordinance of the Ministry of Health and Welfare, taking into account the type

[Attachment Table] Criteria for Calculation of Penalty Surcharge (Related to Article 33)

1. General standards:

(a)one month of suspension of the medical service shall be 30 days;

(c) The annual gross income which serves as the basis for imposing penalty surcharges in lieu of the suspension of medical business shall be determined by the opener in accordance with the following guidelines: Provided, That where it is deemed that it is impossible to calculate the gross income of the year prior to the disposition due to new opening, suspension, resumption, etc. of business, or that it is inappropriate to calculate the gross income of the year prior to the disposition, it shall be computed or adjusted on the basis of the gross income amount by quarter

(1) For medical persons, the total amount of revenues generated from the medical services in the previous year of disposal under Article 28 of the Income Tax Act.

(2) For a medical corporation, or a nonprofit corporation established under the Civil Act or special Acts, the amount of income accruing from the medical business for the year prior to the disposition pursuant to Article 12(1)2 of the Enforcement Decree of the Corporate Tax Act

2. Standards for imposing penalty surcharges;

3. Regulations on medical administrative dispositions;

Article 4 (Criteria for Administrative Disposition)

The criteria for administrative dispositions under Articles 50 through 53 of the Medical Service Act and Article 25 of the Medical Technicians, etc. Act shall be as the attached Table.

[Attachment] Criteria for Administrative Disposition (Related to Article 4]

2. Individual standards:

(b) Where a medical institution violates the Medical Service Act (hereafter referred to as the "Act" in this Table) and the Enforcement Rule of the Medical Service Act (hereafter referred to as the "Rules" in this Table);

A person shall be appointed.