Benefits of action to verify the existence of an infringed qualification after the expiration of the period of renewal of qualification;

In case where an intrusion, which is a qualified medical care provider under the previous provisions, is unable to use the previous license or qualification certificate after the lapse of the period of license or the renewal of qualification under Article 7 of the Addenda of the Medical Service Act, the former license itself shall not have any influence on the qualification itself. Therefore, there is a legal interest to seek confirmation of the existence of the deprivation even after the expiration of the period of renewal.

Article 60(1) of the Medical Service Act (Law No. 2862 of December 31, 1975), Article 7 of the Addenda of the Medical Service Act

Supreme Court Decision 76Nu315 Delivered on August 23, 1977

Plaintiff 1 and two others

Korea

Seoul High Court Decision 77Gu408 delivered on May 9, 1978

The original judgment is reversed and the case is remanded to the Seoul High Court.

Each of the plaintiffs' grounds of appeal are examined together.

According to the reasoning of the judgment of the court below, since Article 59 of the Medical Service Act (Act No. 2533, Feb. 16, 1973) is recognized as a medical care provider, such as be entitled to perform the above medical care at present before the enforcement of the above Medical Service Act, but according to Article 2 of the above Act, medical personnel refer to a doctor, dentist, herb doctor, midwifery clinic, and nursing staff who has obtained a license from the Minister of Health and Welfare, and when a medical personnel intends to establish a medical institution under Article 30 (3) of the above Act, he/she shall report to the Do governor under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. According to Article 60 of the above Act, the medical personnel and the medical care provider shall apply mutatis mutandis to the license as a medical care provider, and the medical institution shall be a license, and according to Article 7 of the Addenda of the above Act (this provision has not been amended to the present date), the former license or renewed license shall not be used within six months after the expiration of the previous license or renewed license.

According to Article 60 (1) of the Revised Medical Service Act (Act No. 2862, Dec. 31, 1975), which falls under Article 59 (1) of the Medical Service Act at the time of the 2000s, Article 60 (1) of the 201 Medical Service Act provides that "a person who is qualified under the previous provisions before this Act enters into force of this Act may engage in an operation at the place of practice, notwithstanding the provisions of Article 25, at the place of practice." Thus, the former provisions of Article 7 of the Addenda of the 200s Medical Service Act provide that a person who is qualified under the above provisions shall be allowed to continue to perform the operation. Thus, even if such person is qualified under the above provision, it cannot be said that the above provision limits the plaintiffs to apply for renewal of the qualification certificate only because he has to possess the above license necessary for the commencement of business such as diversing, etc., and the above provision of the 7th anniversary of the above qualification certificate's expiration of the qualification certificate.

Therefore, the original judgment is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Young-young (Presiding Justice)