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(영문) 서울행정법원 2018.03.29 2017구합83577
의사면허자격정지처분취소
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, as a doctor, established and operated a department C in Busan Shipping Daegu B (hereinafter “instant hospital”).

B. On January 12, 2017, the Plaintiff was sentenced to a fine of KRW 7 million as an inclusive crime of a violation of the Medical Service Act, with respect to the crime that “the Plaintiff received an economic benefit equivalent to KRW 1,3750,000,000 (hereinafter “instant criminal fact”) from the Busan District Court, as indicated in the details of the receipt of the attached Form from Pakistan from around January 201 to June 2014, which was provided for the purpose of sales promotion, such as inducing the adoption of drugs, etc. on 26 occasions (hereinafter “instant criminal fact”).

(2016 High Court Decision 2205, hereinafter referred to as "the instant case"). The Plaintiff appealed against this, but Busan District Court dismissed it on June 16, 2017.

(2017No285) The instant judgment became final and conclusive on the 23th day of the same month.

C. On August 3, 2017, the Defendant issued a disposition suspending the qualification for the Plaintiff regarding the receipt of the instant criminal facts from September 201 to June 2014 (hereinafter “the instant receipt of the instant case”) for four months (from December 1, 2017 to March 31, 2018), excluding the receipt of the instant criminal facts on or around January 201 and February 2017, as follows:

(hereinafter “instant disposition”). - Acts and subordinate statutes governing administrative dispositions that acquire unfair economic benefits, etc. in violation of Article 23-2 of the former Medical Service Act (Amended by Act No. 13658, Dec. 29, 2015; hereinafter the same) - Article 66(1)9 of the former Medical Service Act; Article 66(6) of the Medical Service Act - Article 4 [Attachment] of the former Rules on Administrative Dispositions Concerning Medical Services (Amended by Ordinance of the Ministry of Health and Welfare No. 190, Mar. 29, 2013; hereinafter referred to as “former Rules on Administrative Dispositions”).

2.(a)

16) Article 4 [Attachment Table] of the Rules on Administrative Dispositions Related to Medical Services and Medical Services (Ordinance of the Ministry of Health and Welfare, hereinafter referred to as the “Rules on Current Administrative Dispositions”)

2.(a)

16) [Facts 1, 2, 1.2] and 1.3

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