Qualifications to be eligible for examination granted under the Act on Special Measures for the Honorary Medical Workers, etc. in the amended attempted welfare, etc.

The amended (No. 2284, Jan. 15, 1971) shall be deemed to be limited to the general national examination promulgated before the amendment and the special national examination conducted until December 31, 1971 as stipulated in paragraph (4) of the Addenda of the Act on Special Measures for the Prevention of Dec. 31, 1971.

Article 5 of the Act on Special Measures for Dentals who Return from Attempted Welfare (amended by Act No. 2284, Jan. 15, 1971); Article 3 of the Addenda to the Act on Special Measures for Dentals who Return from Attempted Welfare; Article 4 of the Addenda to the Act on Special Measures for Dentals who Return to Dentals from Attempted Welfare

Plaintiff 1 and one other

The Minister of Health and Welfare shall grant to the Minister of Health and Welfare accommen, fluor, fluor

Seoul High Court Decision 78Gu362 delivered on June 5, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiffs.

The plaintiffs' grounds of appeal and the grounds of supplementary appeal included therein (the supplemental appellate brief submitted shall be deemed supplemental appellate brief) are also examined.

Article 3(1) of the Act on Special Measures for Unconvicted Medical Persons, etc. (Act No. 1769, Jul. 14, 1966) provides that the medical business operator who returned to the above examination may obtain his qualification or license after passing each such national examination, and thereafter, Article 3(1) of the said Act (Act No. 2284, Jan. 15, 1971) stipulates that the above medical business operator shall receive less than four months of continuing education and passed each such special national examination and shall obtain his qualification or license, and that the person who intends to apply for the above examination under Article 5 shall obtain the qualification from the competent Minister, and that the above examination promulgated before the enforcement of this Act under paragraph (3) of the Addenda shall be deemed to have been effective until December 31, 197; that the Plaintiffs shall not be deemed to have received the above general examination under Article 3(4) of the said Act for a period of 197 amendment of the Act, which shall be deemed to have been approved by the court below.

In light of the above relevant provisions, the court below's opinion that it is reasonable to view that the plaintiffs' eligibility to apply under the above revised special measures is limited to the general national examination promulgated prior to the above amendment and the special state examination implemented up to December 31, 1971 as stipulated in Paragraph (4) of the Addenda to the above amendment, and it does not seem that Paragraph 4 of the Addenda to the above amendment merely set the deadline for filing the application of the qualification to apply for a simple qualification, such as the theory of lawsuit. Therefore, it cannot be said that the court below's decision ended the legislative intent or the purport of the remaining law, which was gathered only in the grammatic interpretation, or that the defendant's rejection disposition against the plaintiffs was an unlawful disposition, by disregarding the plaintiffs' right to acquire the remaining plaintiffs' legal interests, which only takes into account the public interest, such as the theory, and it does not seem that the defendant's refusal disposition against the plaintiffs was an unlawful disposition

In short, the grounds of appeal cannot be adopted as it does not constitute an attack on the judgment of the court below on the basis of an independent opinion different from the court below.

Therefore, this appeal is groundless and dismissed, and the costs of the appeal are assessed against the losing plaintiffs. It is so decided as per Disposition by the assent of all participating judges.

Justices Dra-ro (Presiding Justice)