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(영문) 대법원 1971. 2. 23. 선고 70누140 판결
[한지의사응시자격인정합격취소처분취소][집19(1)행,011]
Main Issues

The case where it is recognized that the disposition of denial of license area is justifiable, since it is not recognized as a person who lives lost due to the lack of ideas, even though the qualification examination for oriental medical doctor was passed.

Summary of Judgment

It is reasonable to view that even if a person passed the Korean Medical Examination as a net medical business operator returning to the attempted welfare, he/she cannot be deemed to be a so-called "person who has been engaged in a sound and sincere life, taking into account the facts, such as the fact that he/she was punished for a violation of the anti-public law prior to the passing of the Examination, and thus, it

[Reference Provisions]

Article 2 of the Act on Special Measures for Unclaimed Medical Workers, Article 39 of the Medical Service Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

The Minister of Health and Welfare

original decision

Seoul High Court Decision 70Gu213 delivered on October 13, 1970

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the plaintiff's attorney are examined.

However, according to the judgment of conviction against the plaintiff in violation of the public law (Evidence No. 5), the plaintiff was found guilty on March 28, 1969. On February 19, 1969, before passing the 3rd doctor qualifying examination, the non-party 1 management (name omitted) hospital in Seodaemun-gu in Seoul, Seoul, and the non-party 2 in the second hospitalization room in the hospital (name omitted) in order to move to North Korea, and was assigned to the People's Republic of Korea, and the collective farm system in this North Korea was no more than 10 days ago, and the plaintiff was sentenced to the non-party 1's imprisonment with prison labor for 1970s, and there is no clear fact-finding that the non-party 2's non-party 3's non-party 1's non-party 3's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 2's non-party 3's non-party 1's non-party 3'.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 14, 95, and 89 of the Administrative Litigation Act with respect to the burden of the costs of appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho

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