의사면허자격정지처분취소
1. Four months (from April 1, 2017 to July 31, 2017) of the suspension of a doctor’s license that the Defendant issued to the Plaintiff on November 10, 2016.
1. Details of the disposition;
A. The Plaintiff, as a doctor, opened and operated a Council member C (hereinafter “instant Council member”) in the regular Eup city B (hereinafter “instant Council member”).
B. On December 18, 2014, the Defendant was notified by the Seoul Western District Prosecutors’ Office that the Plaintiff was indicted for violation of Article 23-2(1) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015) regarding the following facts charged by the Defendant.
- The Plaintiff was provided with economic benefits equivalent to KRW 13.6 million, including cash, on four occasions from December 201 to September 201, 201, for the purpose of sales promotion, such as adoption of medicines and inducement of treatment, etc.
C. On March 6, 2015, the Plaintiff received a summary order of KRW 7 million as a crime of violating the Medical Service Act regarding the above facts charged at the Seoul Western District Court.
(2014 Highest 12118) d.
On April 16, 2015, the Defendant notified the Plaintiff of the fact that the Plaintiff would be subject to the suspension of qualification for four months on the grounds of unjust receipt of money and valuables stated in the facts charged.
On May 6, 2015, the Plaintiff submitted to the Defendant an opinion that the disposition should be postponed until the result of the request for formal trial.
E. On September 24, 2015, the Plaintiff appealed with the above summary order and filed an application for formal trial, and on the same day, the Seoul Western District Court rendered a fine of KRW 7 million as a violation of the Medical Service Act, with respect to the criminal facts that “the Plaintiff received cash amounting to KRW 13.6 million provided for the purpose of sales promotion, such as inducing the adoption of drugs and inducing the adoption of drugs,” unlike the date of the first summary order, on May 8, 201 and around the 15th of the same month.
(2015 High Court Decision 282; hereinafter “instant criminal judgment”). The Plaintiff appealed against the instant judgment, but was dismissed on June 2, 2016 (Seoul Western District Court 2015No1597), and the second appeal was dismissed on October 13, 2016 (Supreme Court Decision 2016Do9533).
F. On November 10, 2016, the Defendant: (a) on April 1, 2017, suspension of qualification for the Plaintiff as follows.