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(영문) 대법원 1999. 9. 21. 선고 98두11007 판결
[한의사국가시험응시자격인정거부처분취소][공1999.11.1.(93),2239]
Main Issues

The case holding that it does not deviate from or abuse the scope of discretion to recognize the qualification for applying for the examination of oriental medical doctors to a person who has acquired the qualification for an oriental medical doctor after graduating from the Chinese Institute of Medical Sciences, which is three-year (3-year)-year-based Chinese Institute of Medical Sciences, and incorporated it into the fourth year in the Department of Medical Sciences from △△ Medical

Summary of Judgment

The case holding that it does not deviate from or abuse the scope of discretion on the ground that it does not violate the equity among those who graduated from a domestic medical college and received a bachelor's degree after graduating from a domestic medical college and those who acquired the qualification for an oriental medical doctor's national examination from a person who acquired the qualification for an oriental medical doctor after graduating from a Chinese medical school, which is three-year Chinese medical teaching institute, and incorporated into the fourth year of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department

[Reference Provisions]

Articles 5 subparag. 3 and 9 of the former Medical Service Act (amended by Act No. 5454 of Dec. 13, 1997); Articles 4 and 8 of the former Enforcement Decree of the Medical Service Act (amended by Presidential Decree No. 15598 of Dec. 31, 1997)

Plaintiff, Appellant

Plaintiff

Defendant, Appellee

The Minister of Health and Welfare

Judgment of the lower court

Seoul High Court Decision 97Gu20559 delivered on June 3, 1998

Text

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Reasons

The court below acknowledged that on August 15, 1996, the measure of this case was taken by the plaintiff's graduation from a Chinese medical institute and △△△ University's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's junior college's national examination's junior college's junior college's junior college's junior college's junior college's junior.

Therefore, the above decision of the court below is just, and there is no violation of the law of misunderstanding the legal principles as to the recognition of qualification for examination of herb doctor national examination and the principle of equity with the graduates of medical colleges in other countries than China, and there is no violation of law of deviation or abuse of discretion that did not recognize qualification for examination of herb doctor national examination to the plaintiff

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Shin Sung-sung (Presiding Justice)

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