1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition to Paragraph 2 of Article 8 of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as the entry of the reasons of the judgment of the court of first instance.

(1) The second eight pages of the judgment of the court of the first instance shall be " December 9, 2016" and " December 1, 2016."

(2) The third fourteenth sentence of the judgment of the court of the first instance shall be applied " January 25, 2016" with " January 26, 2016."

(3) The fourth sixth sentence of the judgment of the first instance shall be in accordance with the Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply).

(4) Article 65 (1) 1 of the Medical Service Act shall be added to the fourth 11th decision of the court of the first instance after "Article 8 (4) of the Medical Service Act".

2. Additional determination

A. Determination 1 on the Plaintiff’s assertion that an exception to the procedure for a hearing under the Constitution and the law is not permissible. Article 84 subparag. 5 of the Medical Service Act provides that an exception to the procedure for a hearing under the Administrative Procedures Act may not be applied to the revocation of a doctor’s license as a special law under the Administrative Procedures Act. If such interpretation is made, it violates the Constitution that infringes on the freedom of occupation by violating the principle of excessive prohibition under the Constitution. 2) Article 22(1)1 of the Administrative Procedures Act provides that “where an administrative agency should hold a hearing, other Acts and subordinate statutes, etc. provide that a hearing shall be held.”

Article 84 subparag. 5 of the Medical Service Act provides that a hearing shall be held in order to revoke a doctor’s license. Thus, Article 84 subparag. 5 of the Medical Service Act constitutes “other Acts and subordinate statutes” under Article 22(1)1 of the Administrative Procedures Act.

In other words, Article 84 (5) of the Medical Service Act should be held in accordance with the Administrative Procedures Act.