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(영문) 부산지방법원 2014.05.15 2013구합3444

업무정지처분취소

Text

1. The Defendant’s disposition of suspending business against the Plaintiff on September 26, 2013 is revoked for three months.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. From November 6, 2003, the Plaintiff is a doctor who establishes and operates a D Hospital (hereinafter referred to as the “instant hospital”) in Busan, Seo-gu, Busan, and the network E (hereinafter referred to as “the deceased”) is from March 8, 2012.

3. up to 15. A patient was hospitalized at the instant hospital. The Intervenor joining the Defendant (hereinafter “the Intervenor”) was the deceased’s son, F was a medical specialist at the time when the deceased was hospitalized at the instant hospital, and G was a nursing assistant at each of the instant hospital as an assistant nurse.

B. On March 8, 2012, the Deceased was admitted to the emergency room of the instant hospital and was hospitalized after the diagnosis of the right-to-hand stroke and the right-to-hand stroke. On the following day, the Deceased was discharged from the emergency room of the instant hospital.

C. On March 15, 2012, the Deceased was in a state where he was unable to board his ship after the operation, and on March 15, 2012, H, a nursing worker of the Deceased, referred to the purport that “the deceased is “the deceased’s humfa” was “the deceased’s humfa,” and G administered 50 c of the glycerine 50c in the sick room of the Deceased (hereinafter “the instant medical practice”).

On March 15, 2012, 200 hours after the instant medical act, the deceased discussed the her at around 11:00, and the F who diagnosed the deceased as a acute shock. The deceased was discharged from the instant hospital on the same day, and was hospitalized at the Indones Busan Hospital on April 12, 2012. However, the deceased died due to the 17:26 Rawon, waste convergence, and waste tuberculosis on April 12, 2012.

E. Accordingly, on September 26, 2013 through questioning with Busan Metropolitan City, the Defendant issued an order to perform the instant medical act to a disqualified person on the ground that “the instant medical act was instructed”, and based on Articles 27(1) and 64(1)2 of the former Medical Service Act (amended by Act No. 12069, Aug. 13, 2013; hereinafter “Medical Service Act”), Article 4 [Attachment Table] of the former Rules on Administrative Dispositions Related to Medical Services (amended by Ordinance of the Ministry of Health and Welfare No. 113, Mar. 19, 2012; hereinafter “Enforcement Rule of the Medical Service Act”).