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Reasons
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(영문) 서울행정법원 2016.01.28 2015구합65889
의사면허자격정지처분취소
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1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From December 13, 2007 to February 28, 2012, the Plaintiff, a dentist, operated “C” (the trade name of January 26, 2012 was changed to “D”; hereinafter “instant dental clinic”) in Songpa-gu Seoul, Seoul, and “D” in Seocho-gu, Seoul, respectively from February 29, 2012.

1. On March 17, 2008, the Plaintiff: (a) at the instant dental clinic, issued a face-to-face referral fee to the pertinent clinic to the F, who was a patient of the said clinic; and (b) transferred KRW 300,000 to the deposit account in the name of the National Bank in F, under the name of the F, for the introduction fee.

2. On August 13, 2009, the Plaintiff sent KRW 110,000 to the bank account in the name of H, a national bank account in the name of H, under the pretext of introduction and referral, to a nurse who is unable to know the name he/she had worked at the above clinic, who is in the capacity of the above clinic, and provided the above clinic with the introduction of patients to the above clinic.

3. On January 20, 2010, the Plaintiff introduced the patient J from the above F in the same manner as described in paragraph (1) at the instant dental clinic, and transferred KRW 300,000 to the deposit account in the name of F as stated in paragraph (1) in the name of introduction expenses.

4. On December 23, 2010, the Plaintiff: (a) had the head of the Counseling Office, who is unable to know the name he/she worked at the pertinent dental clinic, give him/her a face-to-face referral fee to the above member of the Council; and (b) transferred KRW 100,000 to the deposit account in the name of the National Bank in the name of K, for introduction and referral.

5. On January 26, 201, the Plaintiff introduced patients M from the instant dental clinic in the same manner as described in paragraph (2), and remitted KRW 100,000 to the deposit account in the name of a national bank in the name of H as a referral fee, as stated in paragraph (2).

On January 29, 2015, the Plaintiff introduced patients to medical institutions or medical persons for profit, such as providing money and other valuables.

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