The costs of appeal are assessed against the plaintiff.

According to the provisions of Article 3, Article 5, Article 9, and Article 10 of the Enforcement Decree of the Act on Special Measures for the Prevention of Disorderless Drugs, etc., promulgated and enforced as Act No. 1796 of July 14, 196, which was repealed as of December 31, 1971, the medical professionals who died from the failed welfare, etc. may obtain the qualifications or licenses after passing the national examination, including the areas under the public values such as among the nationals of the Republic of Korea. When wishing to undergo the national examination, they shall obtain the qualifications or licenses by applying for recognition to the Minister of Health and Welfare along with the prescribed documents. Meanwhile, according to the proviso of Article 5 of the Medical Service Act and Articles 7 through 9 of the Enforcement Decree of the same Act, the Minister of Health and Welfare or the Minister of Health and Welfare may grant a license to those who have obtained the permanent residence license as determined by the President of the National Health Research Institute after consultation with the Minister of Foreign Affairs, and the applicant who intends to apply for the national examination and the prescribed certificate of the qualifications.

Therefore, under the current medical law, the above special measures already abolished, in order for a foreign private license holder to obtain a foreign permanent residence license, he/she shall submit an application form to the head of the National Health Institute in accordance with the procedures prescribed by the Medical Service Act and apply for the examination and pass pass, and it is interpreted that the application for recognition of qualification and the procedure for determining the recognition of qualification by the Minister of Health and Welfare is not necessary

According to the evidence of the judgment of the court below, while the plaintiff was residing in the Republic of Korea with only 8.15 country doctor's license in the Republic of Korea, he returned to North Korea by no later than 6.25 years before he returned to Korea with 8.15 country doctor's license in the Republic of Korea at the time of Japan and had been employed as a doctor in the Republic of Korea by no later than 6.25 years before he returned to Korea, the plaintiff applied for a foreign certificate on Nov. 15, 1983 and the defendant issued a disposition rejecting it on the 24th of the same month. Thus, under the Medical Service Act to which the above special measures were abolished, the plaintiff's above application is without the right to apply, and the defendant's refusal disposition cannot be subject to an administrative disposition that is subject to an administrative litigation.

According to the judgment of the court below, the court below rejected the plaintiff's lawsuit of this case against the same purport, which is just and acceptable, and there is no error of law by misunderstanding legal principles as pointed out.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)

[Omission]

Justices Kim Yong-han and Kim Yong-han cannot sign and seal on business trip (Presiding Justice)