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(영문) 서울행정법원 2018.01.19 2016구합56691
업무정지처분취소
Text

1. The Defendant’s disposition of business suspension against the Plaintiff on March 7, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established to run a companion animal-related business around October 20, 2010. On September 22, 2013, the Plaintiff opened and operates a veterinary hospital in Gangnam-gu Seoul Metropolitan Government with the name of “C” (hereinafter “Duma hospital”), and opened and operates a veterinary hospital in Songpa-gu Seoul, other than the Duma hospital (hereinafter “Euma hospital”).

(b) EBS shall be December 2, 2015 and the same month.

3. The G, “G,” which is a program to broadcast the program of providing F promising jobs after photographing the business of animal nursing workers at the veterinary hospital of the D branch and the Songpa-gu veterinary hospital, was aired.

C. On January 8, 2016, the Defendant notified the Plaintiff of the content of the instant program that the Animal Care and Welfare Agent conducted a physical examination of the return dog, used a scambling, etc., and that it constitutes “when there is a fact that an unqualified person has been allowed to conduct medical treatment” as prescribed by Article 33 Subparag. 2 of the Veterinarians Act, and that it would be expected that the Plaintiff would be subject to the suspension of business to the veterinary hospital of the same branch.

The Defendant accepted the Plaintiff’s opinion that the use of a physical examination and autopsy for companion dogs “H” among the content of the instant program was not for the actual purpose of medical treatment at the request of the IPD which produces the instant program, and on March 7, 2016, the “use of physical examination and autopsy” was subject to business suspension for three months from March 23, 2016 to June 22, 2016, on the ground that: (a) the Defendant, except for the grounds for disposition, had a non- veterinarian conduct medical treatment, such as Cheong-domination and medication, at the veterinary hospital, on the ground that he/she had a non- veterinarian conduct the medical treatment at the Da branch; (b) was subject to business suspension for the veterinary hospital for three months from March 23, 2016 to June 22, 2016.

The reading part among the reasons for the above disposition shall be the reading part after the truth.

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