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(영문) 서울행정법원 2013.07.23 2012구합23181
판매업무정지처분취소
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 is a Korean corporation of the I Company, which operates the business of selling medical devices, such as kidsculator, water purification apparatus, doer, and Dooline, and sells medical devices upon obtaining permission for import from the Defendant for items 94 items of medical devices.

B. On July 5, 2012, the Defendant: (a) provided the Plaintiff with economic benefits (only hereinafter “economic benefits”) to medical personnel, founders of medical institutions, employees of medical institutions, etc. (hereinafter “medical institutions, etc.”) for the purpose of facilitating the sale of medical devices, such as inducing the adoption and use of medical devices; (b) provided 28 medical institutions, which are necessary for blood turbing treatment (hereinafter “the instant expendable goods”); (c) the Plaintiff violated Article 25(1) of the former Medical Devices Act (amended by Act No. 10654, Dec. 1, 2010; hereinafter “former Medical Devices Act”). (d) for the purpose of selling kidscing patients, kidscing patients, equipment for operating kidscing patients (such as computers, ELD monitors; hereinafter “the instant 15-14(hereinafter “former Medical Devices Act”). (hereinafter “the instant 201”). (hereinafter “former Medical Devices Act”).

(See Eul evidence 1, hereinafter referred to as the "disposition of this case"). 【No dispute exists, Eul evidence 1, Eul evidence 8-1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was based on the law that is unconstitutional and the grounds for disposition are as follows.

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