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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Grounds for disposition;
A. The Plaintiff is a dentist who operates “A dental clinic”.
B. On February 26, 2015, the Plaintiff, while performing dental treatment for patients B, had a dental sanitarian C, working for the above clinic, conduct a crypting procedure (a procedure to injectate acids to enhance the cryptivity on the surface of the dental clinic), and cypting procedure (a procedure to inject the crypting the crypting procedure, and hereinafter referred to as “the instant procedure”).
C. On October 26, 2015, the Plaintiff filed an application for formal trial with a summary order of KRW 2 million (2 million) on the grounds of criminal facts constituting “a person, other than a medical person, was unable to perform his/her medical practice, and had C conduct the instant medical practice on February 26, 2015.” On November 10, 2016, the Plaintiff was sentenced to a fine of KRW 2 million ( Daejeon District Court Decision 2015Da1645). The Plaintiff appealed and appealed, but all of the appeals were dismissed, and the said judgment became final and conclusive on June 19, 2018.
Daejeon District Court 2016No3284, Supreme Court 2017Do19422) D.
On July 13, 2018, the Defendant rendered a disposition to suspend the qualification of a dentist for three months from October 1, 2018 to December 31, 2018 on the following grounds to the Plaintiff:
(hereinafter referred to as “instant disposition”). Facts constituting the cause of the disposition - In cases where a person, other than a medical person, has engaged in medical practice in violation of Article 27(1) of the Medical Service Act: The Plaintiff, on February 26, 2015, instructed a dental clinic C to conduct the instant treatment, which is a medical practice, in performing dental treatment at A dental clinic for patients B. Legal basis related to disposition - Article 66(1)5 of the Medical Service Act - Article 4 [Attachment Table 2] of the Rules on Administrative Dispositions Related to Medical (No. 283 of January 5, 2015) - [Attachment Table 2] of the Administrative Disposition Standards.
Table 19) [19] Facts that there is no dispute over the basis for recognition, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings
2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
3. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion ①