[행정처분취소][공1975.5.15.(512),8388]
Where the Do Governor delegates the authority to suspend medical services to the head of the Si, the effects thereof.
According to the provisions of Articles 51 and 64 of the Medical Service Act, the delegation of the authority under the Medical Service Act to the Minister of Health and Welfare is invalid because it is limited to the delegation of the authority to suspend medical service to the head of the Gun. Therefore, the suspension of medical service by the head of the Gun is invalid.
Park Jong-ro North Korea
Attorney Kang Jin-gun et al., Counsel for the defendant-appellant
Gwangju High Court Decision 74Gu25 delivered on January 16, 1975
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the Defendant’s agent’s grounds of appeal.
According to Article 51 of the Medical Service Act, the Minister of Health and Welfare may delegate this authority to the Do governor when granting the authority to suspend the medical service to the Minister of Health and Welfare or the Do governor, and Article 64 of the same Act provides that only the Minister of Health and Welfare may delegate this authority to the Do governor. According to these provisions, delegation of the authority under the Medical Service Act to a subordinate agency should not be permitted to the Minister of Health and Welfare. Accordingly, even if the Do governor delegated the authority to suspend the medical service above to the defendant, as in this case, even if the Do governor delegated the authority to suspend the medical service above to the defendant, the administrative disposition in this case is invalid.
The judgment of the court below that held to this purport is just, and there is no error in the reasoning due to misunderstanding of Article 114 of the Civil Act and the Local Autonomy Act, or incomplete deliberation. Thus, 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 judges.
Justices Han-jin (Presiding Justice)