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(영문) 광주고등법원(전주) 2017.08.14 2017누1259

영업신고 불수리 통보처분 취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the parts described in paragraph (2) below, and thus, the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

A. On the 5th page of the judgment of the court of first instance, the 5th to the 19th page “s will be judged,” “ will be determined,” as follows:

【Determination. Article 33(4) of the Medical Service Act provides that a medical institution established shall obtain permission from the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Health and Welfare, when it intends to establish a general hospital, hospital, dental hospital, oriental medical hospital, or convalescent hospital. Article 33(5) of the same Act provides that a medical institution shall obtain permission under paragraph (4) when it modifies important matters prescribed by Ordinance of the Ministry of Health and Welfare among the permitted matters. [Attachment 3] Article 34 of the former Enforcement Rule of the Medical Service Act (amended by Ordinance of the Ministry of Health and Welfare No. 3958, Feb. 5, 2016) provides that a convalescent hospital may establish a funeral hall under Article 29 of the Act on Funeral Services, etc. for the convenience of the deceased in connection with the funeral service of the person who died at the hospital.” Article 20(1) of the Enforcement Decree of the Act on Funeral Services, etc. provides that “where a person other than a funeral hall or the head of a Si/Gun/Gu intends to establish and operate a funeral hall, he/she shall report the location of the funeral hall.”