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(영문) 서울행정법원 2017.04.13 2016구합84146
의사면허자격정지처분취소
Text

1. The Defendant’s disposition of suspending the qualification of doctor on August 23, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a doctor who has established and operated the “in-C” council member in Seongbuk-gu, Sungnam-si.

No medical person shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained permission for items of a drug for the purpose of sales promotion, such as adoption of, guidance for, or inducement for, the drugs.

2. Defendant A received KRW 2,659,250,00 from a new bank account in the name of the Defendant on December 21, 201, to a new bank account in the name of the Defendant on April 15, 201, each of which was transferred KRW 2,659,250, which was provided by E for the purpose of sales promotion, such as adoption of and guidance for contact with drugs sold by E through business employees F.

As a result, the Defendant received the economic benefits of KRW 3,059,250,00 provided by E for the purpose of sales promotion, such as adoption and inducement of drugs.

B. On October 6, 2015, the Plaintiff was issued a summary order of KRW 3 million upon recognition of the facts constituting a violation of the Medical Service Act as follows at the Seoul Western District Court. On March 30, 2016, the Defendant issued a summary order of KRW 3 million to the Plaintiff on the ground of the same violation as the facts constituting the above summary order (amended by Act No. 13658, Dec. 29, 2015; hereinafter the same shall apply) Article 66(1)9 of the former Medical Service Act; Article 4 [Attachment] of the former Rules on Administrative Dispositions related to Medical Services (amended by Ordinance of the Ministry of Health and Welfare, Jun. 20, 201; hereinafter the same shall apply)

2. Individual standards:

A. Pursuant to 35), a disposition of suspending qualification for two months was taken from July 1, 2016 to August 31, 2016 (hereinafter “previous disposition”).

C. On May 9, 2016, the Plaintiff received a summary order of KRW 7 million, a surcharge of KRW 10 million, and the said summary order on the grounds that the violation of the Medical Service Act was committed by the Seoul Western District Court. On August 23, 2016, the Defendant issued a summary order of KRW 10 million, and the said summary order was finalized. On August 23, 2016, Article 66(1)9 of the former Medical Service Act, and administrative disposition on the grounds of the same violation as the criminal facts of the said summary order.

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