의료기관개설변경허가 거부처분 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On April 15, 2013, the Plaintiffs were operating a convalescent hospital (hereinafter “instant hospital”) starting around that time with the name of medical institution, D convalescent hospital, type convalescent hospital (general convalescent hospital), and the Plaintiffs, with the permission to establish a medical institution.
B. The instant hospital has an elevator for passenger use, but it is impossible in the structure of the building to remodel the elevator with a settling elevator, or to install an elevator for additional beds in a building.
C. The Plaintiffs filed an application with the Defendant for the change of the founder of the instant hospital from the Plaintiffs to Plaintiff A, but the Defendant, on August 2, 2016, applied for the change of the founder of the instant hospital from the Plaintiffs. However, on the grounds that “the instant hospital is not equipped with a bed elevator and thus it does not meet the facility standards,” the instant disposition of rejection to the effect that “the instant hospital cannot accept an application for the change of founder’s license” is “the instant disposition.”
[The facts without dispute over the basis for recognition, Gap evidence Nos. 1 to 3, Eul evidence No. 4, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The instant disposition is unlawful on the premise that, without the Plaintiffs’ assertion, where part of the joint founders of medical institutions deviates from the position of joint founders, it does not constitute “a case where the founder of a convalescent hospital changes” under Article 3 subparag. 3 of the Addenda of the Enforcement Rule of the Medical Service Act (Ordinance of the Ministry of Health and Welfare No. 213, Oct. 4, 2013). Thus, the instant disposition based on the premise that the Plaintiffs’ application for changing the establishment of the instant hospital from the Plaintiffs to Plaintiff A, one of the Plaintiffs, constitutes a change of the founder.
(b) relation.