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(영문) 창원지방법원 2018.01.09 2017구합50698
업무정지처분취소
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, who holds a medical license, operates C Hospital from June 13, 2005 to Kimhae-si B, and C Hospital is a medical institution designated as a general examination institution and cancer examination institution.

B. On January 5, 2017, the Defendant issued a disposition to suspend the business of an examination institution for six months on the following grounds to the Plaintiff:

(hereinafter “Disposition in this case”) Health examinations by an unqualified person

A. On January 1, 201, 201: (a) an unqualified D, who was not designated as a medical care personnel by May 7, 2013, had conducted a physical measurement, blood pressure, eyesight test, and hearing history test of the general examination items; and (b) on December 2014 and December 2015, there was a fact that a medical personnel or a senior civil service administrative personnel E, who is not a medical engineer, conducted a test history test.

B. D had been conducted by a person, other than a physician, in conducting postmortem cancer examination by December 19, 2014 after acquiring the qualification of an assistant nurse.

C. On January 23, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on February 28, 2017.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 6, and 7, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Judgment on the non-existence of grounds for disposition

A. The plaintiff asserted that the assistant nurse D was directly engaged in the postmortem collection, such as the grounds for the disposition alleged by the defendant, but the doctor F was present at the time of collecting D's body and instructed and supervised the autopsy, the checkup room is a small area of 2 square meters, and the checkup room is less than one minute, so it is easy for the doctor to supervise the patient, and the doctor F notified the patient of the commencement of the autopsy collection by stating that he "I start the autopsy" at the time of collecting the body, and notified the patient of the fact before using the body.

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