한의사면허자격정지처분취소
1. On August 23, 2018, the Defendant’s disposition suspending the qualification of an oriental medical doctor’s license against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
Details of the disposition
A. The Plaintiff is an oriental medical doctor who establishes and operates a “Chanwon” in Seoul Jung-gu, Seoul (hereinafter “Chanwon”).
B. On November 1, 2013, the prosecutor of the Seoul Northern District Prosecutors’ Office (hereinafter “Seoul Northern District Prosecutors’ Office”) used the radiation generation device X-ray measurement device (hereinafter “instant medical device”) for diagnosis from around 2008 to August 8, 2013, although the Plaintiff was not able to perform medical acts other than those licensed by medical personnel. The Plaintiff, an oriental medical doctor, from around 2008 to around 2013, applied for a summary order due to the violation of the Medical Service Act.
C. On November 20, 2013, the Seoul Northern District Court issued to the Plaintiff a summary order that acknowledges the following criminal facts and imposes a fine of one million won:
(hereinafter “instant summary order”). On January 16, 2014, the instant summary order was served on the Plaintiff and became final and conclusive around January 24, 2014 due to the Plaintiff’s no objection.
Criminal facts
The Defendant (Plaintiff) is an oriental medical doctor operating the instant oriental medical clinic.
From around 2008 to August 8, 2013, the Defendant installed the instant medical device within one Council member and performed medical acts other than those permitted as a herb doctor’s license by measuring the density with respect to the patients who were in the hospital.
The Defendant, like the facts found in the instant summary order on August 23, 2018, on the ground that “the Plaintiff measured the aggregate density with the instant medical device from around 2008 to August 8, 2013, and performed medical acts other than those permitted as a license for an oriental medical doctor,” against the Plaintiff, prior to being amended by Act No. 14420, May 29, 2016.
(hereinafter the same shall apply.
() Pursuant to Article 66(1)10, the instant disposition was taken to suspend the license of an oriental medical doctor for three months (hereinafter “instant disposition”). The Plaintiff’s summary of the allegation as to the legitimacy of the instant disposition, including the details of evidence Nos. 1 and 2, and the overall purport of the pleadings, is entirely using the instant medical device after April 3, 2013.