경고처분취소
The Defendant’s warning disposition issued to the Plaintiff on November 15, 2016 shall be revoked.
Costs of lawsuit shall be borne by the defendant.
1. Details and details of the disposition;
A. The Plaintiff is a medical specialist in sexual surgery who works for B Hospital (hereinafter “instant hospital”).
B. On August 18, 2016, the Plaintiff: (a) conducted a diagnosis of C (hereinafter “instant patient”); (b) conducted a diagnosis of the head of the right upper part (hereinafter “the instant head”); and (c) conducted an examination by means of a computer single-story shooting (hereinafter “CT photographing”); and (d) conducted the examination of the head of the instant hospital as the head of the right upper part (hereinafter “instant head”).
(hereinafter “instant CTR”). C.
C’s parents filed a civil petition with the Ministry of Health and Welfare and Health Review and Assessment Service, etc. on August 2016, 2016 to the effect that “the instant CT photographing is an excessive treatment, such as unnecessary inspections.”
On November 15, 2016, the Defendant issued a warning (hereinafter “instant disposition”) to the Plaintiff based on Article 66(1)1 of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same) on the ground that “the Plaintiff, upon prior notice of the disposition, was given the instant hospital on August 18, 2016 on the ground that the instant patient was diagnosed as a back-to-door type D, and the instant patient was diagnosed as a back-to-face type by a medical specialist before two years prior to the instant hospital.”
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was to grasp the postmortem location of the instant patients, the relationship with the structure, the arrival of the surrounding organization, etc. in order to perform an operation to remove the right upper end string of the instant patient’s right, and to determine the level and scope of cT shooting.
Inasmuch as the instant measure does not constitute excessive treatment, such as unnecessary inspections, the instant disposition is unlawful.
B. Relevant statutes and subordinate statutes.