The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

The plaintiff is a dentist who is operating a hospital with the name of "C value Department" in the B and the second floor of Gyeongcheon-gun, Chungcheongnam-do.

On April 27, 2020, the Defendant rendered a disposition of suspending qualification (hereinafter “instant disposition”) with the intent of three months and seven days for the following reasons to the Plaintiff.

Where a person who is employed by a person who is not eligible to establish a medical institution provides medical services, and where a person who is not a medical technician provides medical services, a dentist shall provide medical services under employment by a person who is not eligible to establish a medical institution, while the Plaintiff, a dentist, shall not provide medical services, under employment by a person who is not a doctor from June 27, 2013 to January 13, 2017.

b. - From December 13, 2013 to December 26, 2013, an assistant nurse D, who is not a medical engineer, shall instruct the medical engineer, etc. to take a radioactive image examination to assist him/her in the medical engineer, etc. by ordering him/her to take a radioactive image examination. [Grounds for recognition] There is no dispute, entry of evidence No. 1, the entire purport of the pleading, and the Defendant’s lawsuit of this case as to the Defendant’s defense prior to the merits of the case was filed after the lapse of the period for filing the lawsuit, and thus, it should

The main text of Article 20(1) of the Administrative Litigation Act provides that "a revocation lawsuit shall be filed within 90 days from the date on which he/she becomes aware of the disposition, etc."

The phrase “the date when the other party becomes aware of the disposition, etc.” refers to the date when the other party becomes aware of the fact that the disposition, etc. was taken by means of notice, public notice, or other methods. Thus, when the other party becomes aware of the fact that the administrative disposition was taken by recognizing such fact, the period for filing a lawsuit prescribed in the above provision shall be deemed to run, and when the other party becomes aware of the fact that the disposition was taken by social norms, such as service on the domicile of the other party to the