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(영문) 서울행정법원 2016.10.06 2016구합56080
의료법 위반 민원에 대한 거부처분취소와 부작위 위법확인 및 감사거부처분 취소
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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's claim

A. The Plaintiff filed the following claims in the lawsuit against the head of Songpa-gu Public Health Center.

1) On December 4, 2014, the Plaintiff filed a civil petition seeking investigation and administrative disposition against the act of violating the Medical Service Act with respect to the Plaintiff’s father who died to the head of Songpa-gu Public Health Center. The head of Songpa-gu Public Health Center rejected part of the petition. Specifically, the Plaintiff refused to do an act of violating Article 22(3) or 23(3) of the Medical Service Act by detecting and altering an electronic medical record of the patient without justifiable cause, or aiding and abetting the act of violating Article 2(1) of the Medical Service Act by intentionally omitting the medical records or the details of prescription. ② The Plaintiff intentionally did an act of violating Article 2(1) of the Medical Service Act by failing to prepare a copy of the medical record, D (attached Form 1-5, 1-7, 1-9), and 15(1) or 17(3) of the Medical Service Act by refusing to give treatment to the patient and requesting an interview with his family members, and issued a copy of the medical record or a copy of the 3-D (attached Form 1-2) of the Medical Service Act without justifiable reason.

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