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(영문) 서울행정법원 2018.12.20 2018구합67336
한의사면허자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, as an oriental medical doctor, is establishing and operating a “Daehan” medical care institution under the National Health Insurance Act, which is a medical care institution under the Medical Service Act, B and C (hereinafter “Korea Medical Service Committee”).

B. On February 22, 2018, the Plaintiff was sentenced to a suspended sentence of a fine of KRW 1,00,000 as a violation of the Medical Service Act, with respect to criminal facts that “the Plaintiff, who was found in the Republic of Korea Council from January 4, 2017 to August 2, 2017, provided physical treatment, etc. to E with a total of KRW 138,500,00 (one-time personal charges to KRW 500 to KRW 1,00) while exempting the patient from the patient’s charges (the one-time personal charges to KRW 500 to KRW 1,00).”

(2018 high-level 49, hereinafter “instant criminal judgment”). The instant criminal judgment became final and conclusive on March 3, 2018.

C. On March 14, 2018, the Defendant issued prior notice on February 8, 2018, and issued a disposition to suspend the qualification of oriental medical doctors on March 10 (from August 31, 2018 to October 9, 2018) as follows:

(hereinafter referred to as “instant disposition”). - The facts constituting the cause of the disposition (hereinafter referred to as “instant disposition”) - In the case of introducing, arranging, or inducing or inducing a patient to a medical institution or a medical person for profit in violation of Article 27(3) of the Medical Service Act (hereinafter referred to as “the grounds of the instant disposition”) - the legal basis related to the disposition (the Plaintiff exempted the patient’s charge as stated in the criminal judgment of this case without prior approval from the government market and claimed for the other medical care benefit) - Articles 27(3) and 66(1)10 of the Medical Service Act - Article 4 [Attachment] of the former Rules on Administrative Dispositions concerning Medical Services (amended by Ordinance of the Ministry of Health and Welfare No. 587, Aug. 17, 2018; hereinafter

1. D.

2,

2.(a)

20) [The fact that there is no dispute over the basis for recognition, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The disposition of this case is taken on the following grounds.

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