자격정지처분 취소
In May 28, 2018, the Defendant’s disposition of suspending qualification for doctor’s license issued to the Plaintiff is revoked.
Costs of lawsuit shall be borne by the defendant.
1. Details of the disposition;
A. As a doctor, the Plaintiff is establishing and operating a “C Council member” (hereinafter “instant Council member”).
B. Around May 8, 201 and May 15, 2011, the Plaintiff received KRW 13.6 million in cash from D Co., Ltd. (hereinafter “D”) business employees E for the purpose of promoting the sale of drugs at the instant member’s meeting.
(hereinafter “Plaintiff’s instant act”). C.
On December 2, 2014, the prosecutor of the Seoul Western District Prosecutors’ Office filed with the Seoul Western District Court for a summary order as the charge of violating the Medical Service Act stating that “the Plaintiff was provided with 13.6 million won, such as cash, etc. provided by D business employees E for the purpose of promoting the sale of medicines,” unlike the Plaintiff’s instant act from December 2, 201 to September 2012.
(hereinafter “instant summary order claim”). On March 6, 2015, the Plaintiff was issued a summary order of KRW 7 million and KRW 13.6 million for a violation of the Medical Service Act by the Seoul Western District Court.
The plaintiff is dissatisfied with the above summary order and filed a request for formal trial.
On September 24, 2015, the Seoul Western District Court found the Plaintiff’s “act of this case” as a crime of violating the Medical Service Act, unlike the date of the crime of the above summary order, and sentenced the Plaintiff to a judgment of conviction of KRW 7 million and KRW 13.6 million.
(2015 High Court Decision 282). The Plaintiff’s appeal and appeal against the above judgment were dismissed, and the above judgment became final and conclusive on October 13, 2016.
(hereinafter “instant criminal judgment”) e.
On November 10, 2016, the Defendant issued a disposition suspending qualification for four months pursuant to Article 66(1)9 of the former Medical Service Act (amended by Act No. 14220, May 29, 201) on the ground that “the Plaintiff was provided KRW 13.6 million from D for the purpose of promoting the sale of drugs,” as stated in the facts charged of the claim for summary order of this case, to the Plaintiff.
F. The Plaintiff on March 7, 2017