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(영문) 서울고등법원 2020.06.10 2019누45496
업무정지등처분취소
Text

1. All appeals against the plaintiffs by the Minister of Health and Welfare are dismissed.

2.(a)

Of the judgment of the court of first instance, the plaintiffs.

Reasons

1. The reason why the court has used this part of the disposition is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited.

2. Whether each of the dispositions of this case is legitimate

A. 1) The plaintiffs' assertion 1) The main point of the plaintiffs' assertion is as follows: D's request from D's medical specialist of the video department that takes advantage of the convenience of the place of work, on the premise that D's work is in the same manner as the previous one, he/she can concurrently carry out the duties of the instant hospital at E's hospital without changes in wages and other working conditions; and D's work should be regarded as a full-time video medical specialist exclusively belonging to the instant hospital, taking into account the following various circumstances into account.

Unlike other departments with face-to-face medical care due to their characteristics, medical specialists of the film department did not have any significant deterioration or difference in the quality of their duties when they work in the hospital, and in the outside, D actually dealt with the clinical image reading work of the hospital in this case on a real-time basis.

The radiation specialists working at the instant hospital verified the operation of equipment and reported to D, and D had a medical specialist directly perform the film quality evaluation duty one time every three months.

In addition, since D does not have to work directly every day with respect to the evaluation of video quality and the overall management work, D does not have any influence on D's work at work on the third day per week.

And D has been in charge of the overall control and supervision of video quality control, video quality assessment, and clinical video reading only at the instant hospital.

Therefore, even if D, working at the instant hospital, did not work daily, it can be viewed as a medical specialist in the film department exclusively and full-time.

department of image;

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