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(영문) 대전고등법원 (청주) 2021.01.20 2020누1200
의료법인정관변경허가거부처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, the judgment of the court of first instance includes summary language pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 4 of the judgment of the first instance court, 6 pages "A evidence Nos. 1, 4, 5, and 6, and Eul evidence Nos. 2 and 3" were cited as "the course of disposition and the evidence Nos. 4, 7, 9, and 11 (including branch numbers), Eul evidence Nos. 1 and 2, and the result of inquiry into the facts of the South-North Korean War of this Act".

제 1 심판결 문 4 쪽 하 5 행 끝에 아래 『』 내용을 추가한다.

Inasmuch as different standards are set for the establishment and operation of a medical corporation according to the demand for medical services by region and the current status of resources for medical services, if the current competent authorities for which relatively relaxed standards are established permit the change of the principal office of a medical corporation in accordance with their own standards, it may result in the establishment of a medical corporation in an area where relatively strict standards are set.

The first instance judgment of the court of first instance is on the 4th Hah 4th Hah 2th Hah Hah Hah Hah Hah Hah Hah Hah Na

제 1 심판결 문 5쪽 7 행과 8 행 사이에 아래 『』 내용을 추가한다.

【C) The Plaintiff asserts that the opinion of the Namyang-ju market is in accordance with the illegal standards that excessively restrict the establishment of medical corporations.

As for the establishment of medical corporations, there is no specific standard in the law, and individual standards are set for each local government according to the medical conditions of the region.

Under the Guidelines for Establishment and Operation of Medical Corporations in the case of Namyang-si (No. 2; hereinafter referred to as the “Guidelines for Southern-si”), “facility standards: General hospital level (not less than 100 beds) under the Medical Service Act” and “liability: Not more than 40% of basic property” are stipulated as the condition that a medical corporation is permitted to do so.

Among them, the debt ratio is another local government (basic property) in Gyeonggi-do as pointed out by the plaintiff.

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