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(영문) 서울행정법원 2017.12.07 2017구합3533

한의사면허자격정지처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The details and details of the disposition are the oriental medical doctor establishing and operating the “A oriental medical doctor” in Gangdong-gu Seoul Metropolitan Government.

On December 26, 2012, the Plaintiff was sentenced by the Seoul Eastern District Court to a fine of 300,000 won for the crime of violation of the Medical Service Act (hereinafter “instant crime”), that “the Plaintiff was convicted of a fine of 300,000 won for the crime of violation of the said Act (hereinafter “instant crime”), and appealed to a fine of 300,000 won for a fine of 30,000 won for a person who was found guilty of the above crime committed by the same court on September 16, 2011 through March 15, 2012 (Seoul East District Court Decision 201Da1874) and was sentenced to a fine of 300,000 won (Seoul District Court Decision 200,000 won) for whom the above crime was maintained by the same court on April 25, 2013 (Seoul District Court Decision 200,000 won).

On March 22, 2017, the Defendant issued a two-month disposition suspending the qualification of an oriental medicine doctor based on Articles 27(1) and 66(1)5 of the Medical Service Act (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff, on February 6, 2012, had a patient with no knowledge of the name of the Plaintiff, who was found to be oriental medical personnel, engaged in medical practice, such as low-frequency treatment, electrical intrusion treatment, etc.” (hereinafter “instant disposition”).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2 (including the number of pages), the whole purport of the arguments, and the purport of the disposition of this case as to the legitimacy of the disposition of this case as a whole, the plaintiff's main point of argument, low-frequency treatment apparatus, electricity be easily operated by simple operation, and there are almost little risks in medical treatment. Thus, it has been widely disseminated and used in general homes.

Since the low-frequency therapy used by the plaintiff is operated as a frequency in the world which is smaller than the low-frequency therapy, there is almost no medical risk.