치과의사전문의자격인정처분 무효확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. [Attachment 1] The Plaintiffs listed in Nos. 1 through 6 of the Plaintiff’s list are those who obtained the recognition of a dentist’s license from the Defendant, and the Plaintiffs listed in Nos. 7 through 22 are medical doctors who are undergoing training in Korea in order to acquire a dentist’s license, and the Plaintiffs listed in Nos. 23 through 30 are general citizens.
B. Article 18(1) of the former Regulations on the Training, Recognition, etc. of Qualification of Medical Specialists (amended by Presidential Decree No. 22075, Mar. 15, 2010) provides that Article 18(1) of the Regulations on the Training, Certification, etc. of Qualification of Medical Specialists includes “a person who has completed a prescribed internship course and field training course at a foreign medical institution recognized by the Minister of Health and Welfare as a doctor” as a requirement for the recognition of qualification of a dental specialist, unlike that of “a dentist who has acquired a license in the Republic of Korea and has completed a foreign medical institution as a dentist” (hereinafter “foreign trainee”).
The Constitutional Court ruled that the above provision on the recognition of qualification of dentist is not consistent with the Constitution on the ground that it infringes on the freedom of occupation and equality of foreign trainees.
Constitutional Court en banc Decision 2013Hun-Ma197 Decided September 24, 2015
Accordingly, Article 18(1)1-2 of the Regulations on the Training, Recognition, etc. of Qualifications of Dental Specialists (amended by Presidential Decree No. 27664, Dec. 5, 2016) as a requirement for recognition of qualifications of Dental Specialists (hereinafter “Rules”), is a person who completed a dentist’s training course at a foreign medical institution or training institution recognized by the Minister of Health and Welfare as a dentist, or has equivalent or higher qualifications, and is equivalent to or higher than the training course under this Decree by the Minister of Health and Welfare.