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(영문) 전주지방법원 2016.09.08 2015구합1837
의료법인 설립허가 취소처분 취소의 소
Text

1. The revocation of permission for establishment of a medical corporation that the Defendant rendered to the Plaintiff on September 18, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was a non-profit medical corporation for the purpose of establishing and operating a medical institution, and obtained permission to establish a medical corporation on July 26, 2012, and obtained permission to establish a medical institution on April 15, 2015.

B. On November 30, 2012, the Plaintiff created a superficies consisting of the maximum debt amount of KRW 1,040,000,000,000 with the maximum debt amount of KRW 1,040,000,000 on November 30, 2012, as well as the superficies consisting of the mortgagee E-mortgage and the person holding the right to collateral security and the person holding the right to collateral security, which are the mortgagee E-mortgage and the person holding the right to collateral security, with the maximum debt amount of KRW 360,00,000,000 on April 11, 2013, the Plaintiff and the person holding the right to collateral security, respectively, as the debtor, the Plaintiff, and the person holding the right to collateral security.

C. On April 15, 2015, the regular Eup market ordered the Plaintiff to voluntarily dispose of the fundamental property (provisional seizure, creation of collateral security, and creation of superficies) without obtaining permission from the Mayor/Do Governor, notwithstanding Article 48(3) of the Medical Service Act, and ordered the Plaintiff to implement the order again on June 9, 2015.

However, on June 22, 2015, as the Plaintiff failed to implement the restoration of the fundamental property by the said deadline, the fixed Eup market notified the purport that “a hearing shall be held pursuant to Article 21(2) of the Administrative Procedures Act and Article 84 of the Medical Service Act as a plan to cancel the permission, etc. of the Plaintiff’s establishment in accordance with the relevant laws.”

On August 25, 2015, the Jung-Eup Mayor held a hearing and heard the Plaintiff’s opinion. On September 18, 2015, the Defendant issued a disposition to revoke the permission for the establishment of a medical corporation (hereinafter “instant disposition”) against the Plaintiff on the following grounds.

Violations

1. Applicable Acts: Subparagraph 4 of Article 51 of the Medical Service Act;

2. Details of violation - Article 48 (3) of the Medical Service Act: To dispose of property or amend the articles of incorporation by a medical corporation, the medical corporation shall obtain permission from the Governor for the regular Eup market delegated by the Governor, but collateral security, provisional seizure, creation of superficies, and cash withdrawal on fundamental property;

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