의사면허자격정지처분취소
1. The Defendant’s disposition suspending qualification for two months against the Plaintiff on January 15, 2018 shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff is an emergency medical specialist working in the emergency department in the Seo-gu Incheon Metropolitan City C Hospital (hereinafter “instant hospital”).
B. On January 15, 2018, the Defendant issued a disposition to suspend qualifications for two months pursuant to Article 5(1)1 and Article 6(2) of the former Emergency Medical Service Act (amended by Act No. 14329, Dec. 2, 2016; hereinafter “Act”) on the ground that the Plaintiff, from the situation room on June 19, 2017, was in the state of cardiopulmonary resuscitation by the Plaintiff, and the Plaintiff was in the state of cardiopulmonary resuscitation from the 15-month from the 119 situation room to the 15-month infant (hereinafter “the instant infant”). However, by taking measures to ensure that the instant hospital is admitted as another medical institution, emergency medical personnel did not provide emergency medical services or rejected or evaded the request for emergency medical services without justifiable grounds.
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion 1 is the call content with the 119 situation room as to the possibility of accepting the instant infant, which is merely a consultation and does not constitute “request” for emergency medical services as prescribed by the Act. Thus, the Plaintiff’s response cannot be considered as “Refusal of Emergency Medical Service.”
On the contrary, even if the Plaintiff’s response team constitutes “Refusal of emergency medical services”, the Plaintiff expressed that it would go to a regional emergency medical center equipped with facilities suitable for infants of this case while hearing emergency situations from the nurse at the time and grasping all necessary information, and this is reasonable in light of the characteristics of medical treatment for children, and thus, it does not constitute a case of refusal or evasion of a request for emergency medical services without justifiable grounds.
Therefore, the grounds for the instant disposition are as follows.