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(영문) 대전지방법원 2019.09.19 2018구합1406
의사면허자격정지처분취소
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 a doctor, has served as the director in charge in C Hospital B in Ansan-si.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product report, for the purpose of sales promotion, such as inducing the adoption of

Nevertheless, Defendant (Plaintiff) received a proposal from D business E to provide economic benefits, such as cash, upon prescribing prescription drugs, such as F, which are produced and sold in D, from D, and received such a proposal. On December 2010, Defendant (Plaintiff) received KRW 300,000 from the above E in the same manner as indicated in the attached crime list (1), including the receipt of KRW 30,000 in cash from the above E, from the above C Hospital clinic around May 2014.

As a result, the Defendant received a total of KRW 11.4 million from D, such as cash provided for the purpose of sales promotion, such as inducing the adoption of drugs.

B. On June 1, 2016, the Plaintiff received a summary order of KRW 5 million and KRW 11,400,000 from the Seoul Western District Court on the grounds that each of the following facts charged constitutes a violation of the Medical Service Act (hereinafter referred to as “the summary order”).

C. Although the Plaintiff filed an application for formal trial with the Daegu District Court, on September 15, 2017, the Plaintiff was sentenced to a fine of KRW 5 million and a surcharge of KRW 11,400,00 as it was found guilty of all the charges charged.

[Attachment] [Attachment 1702-1 (Separation] D.

On June 1, 2018, the Plaintiff appealed against it, and the Daegu District Court reversed the judgment of the first instance on the grounds of unfair sentencing, and sentenced a fine of KRW 3 million and a penalty of KRW 11.4 million on the grounds of unfair sentencing.

(2017No4197) The above judgment was finalized on June 9, 2018.

E. On July 31, 2018, the Defendant received rebates of KRW 1.8 million from December 2, 2010 to May 201, the period of prescription under Article 66(6) of the Medical Service Act, from the Plaintiff, to the Plaintiff.

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