1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On July 31, 2014, the Plaintiff filed an application for authorization to establish a medical institution with respect to C Hospital (hereinafter “instant hospital”) which is a medical institution in Seo-gu, Gwangju. The Defendant permitted the establishment on October 6, 2014.

B. D and his spouse, the former representative of the Plaintiff, were convicted of the first instance court and the appellate court, respectively. The judgment of the appellate court became final and conclusive on December 13, 2018, on the following grounds: “The Plaintiff, a medical corporation, established the Plaintiff as the medical corporation, created the appearance of the Plaintiff, appointed a director of the medical corporation, etc. formally to establish the control structure of individual possession; created profits through the operation of the medical corporation; operated the medical corporation and the medical corporation and the hospital for profit by using the corporation’s property in private use; and thus, the Plaintiff established and operated the medical corporation and the hospital for profit.”

Gwangju District Court 2017Gohap314, Gwangju High Court 2018No29, Supreme Court Decision 2018Do14082

C. On April 30, 2019, the Defendant issued a disposition to revoke the permission to establish a medical institution with respect to the instant hospital (hereinafter “instant disposition”) on the ground that “the Plaintiff conspireds to establish a medical corporation in the form of a medical institution with no intention, etc., and thereafter violated Article 33(2) of the Medical Service Act after establishing the medical institution.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1, 2, and 14, the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 33(2) of the Medical Service Act does not limit the qualification of executives of a medical corporation and the establishment and operation entity of a medical corporation as a medical person. It is difficult to deem that the medical corporation has reached the degree of harm caused by the Plaintiff’s death or abuse

Nevertheless, on the ground that the former representative D was convicted of the fact that he embezzled the Plaintiff’s property rather than a medical person, the Plaintiff was under the Medical Service Act.