손해배상(기)
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. Article 55 of the former Medical Service Act (wholly amended by Act No. 2533, Feb. 16, 197; Act No. 5454, Dec. 13, 1997; hereinafter the same) provides that matters necessary for the training, recognition of qualifications, and field of a medical specialist shall be prescribed by the Presidential Decree, and Article 8088 of the former Medical Service Act (amended by Presidential Decree No. 808, Apr. 15, 1976; Presidential Decree No. 14516, Jan. 28, 1995; hereinafter referred to as the “former Medical Service Act”) provides that the method and procedure for the qualification examination of a medical specialist and other necessary matters shall be prescribed by the Ordinance of the Ministry of Health and Welfare.
Furthermore, whether to recognize the existing training experience or the scope and method of a medical institution that can be recognized as a training experience through transitional measures are matters to be determined at discretion within the scope of delegation by the law, considering all circumstances such as whether the administrative legislative person should have a reasonable number of dentists, and whether to have a dentist's medical specialist located within the medical delivery system.
In addition to the transitional measures for training hospitals, etc., training specialists, and medical specialists under Paragraph 2 through 4 of the Addenda to the provision of the Gu medical specialist, there was a transitional measure for those who completed the training course before February 17, 1972, but even in that case, the Minister of Health and Welfare (former Minister of Health and Welfare) was given discretion to recognize medical institutions that can be recognized as training experience or to determine whether they have qualifications equal to or higher than those who completed the prescribed course at such medical institutions.
Considering the language and intent of these regulations, the Minister of Health and Welfare is itself.