자격정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s status as a dentist establishes and operates a medical institution under the name of “BB dental clinic”.
(hereinafter “instant dental practice”). B.
The suspension of qualification C filed a petition with the Yeongdeungpo-gu Seoul Metropolitan Government Public Health Center to the effect that “the Plaintiff was subject to the surgery of the instant dental surgery, and after the dental sanitarian was diagnosed to return, the dental sanitarian was actually bed.” The head of Yeongdeungpo-gu Seoul Metropolitan Government Public Health Center who conducted an investigation into the instant dental surgery, and filed a complaint against the Plaintiff and the instant dental sanitarian D as suspected of violating the Medical Service Act, on February 6, 2014. Based on the aforementioned findings, the Defendant rendered a disposition on June 17, 2014 against the Plaintiff on the ground that “the Plaintiff had a dental sanitarian D remove the actual site after the surgery in the instant dental surgery in violation of Article 27(1) of the Medical Service Act,” on the ground that “the Plaintiff had a dental sanitarian D remove the actual site after the surgery in the instant dental surgery, in violation of Article 66(1)5 and Article 27(1) of the Medical Service Act, Article 4 [Attachment Table](1) [Attachment Table 1] and Article 4(2)19(a) of the Rules on suspension of qualifications from July 15 (14.
(hereinafter “instant disposition”)
C. On May 8, 2014, the head of Yeongdeungpo-gu Seoul Metropolitan Government Public Health Center imposed a penalty surcharge of KRW 20,812,50 in lieu of business suspension pursuant to Article 64(1)2, Article 67(1), and Article 68 of the Medical Service Act, Article 43 and [Attachment Table 1] of the Enforcement Decree of the same Act, and Article 4 [Attachment Table 1] of the Regulations on Administrative Dispositions on Medical Relationship, and Article 4(1)4 [Attachment Table](2)(b)(3) of the “Rules on Administrative Dispositions on Medical Relationship” on the same ground.
(2) The Plaintiff filed a lawsuit against the head of Yeongdeungpo-gu Seoul Metropolitan Government Public Health Center seeking revocation of the instant penalty surcharge under the Seoul Administrative Court (2014Guhap9929), and the said court on November 6, 2014 on the ground that “the grounds for the instant disposition are recognized and there is no abuse of discretion.”