logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.12.01 2015구합21351
의료기관 개설허가사항 변경허가 거부처분취소
Text

1. On May 8, 2015, the Defendant’s disposition of rejecting permission to change the establishment of medical institutions is revoked.

2...

Reasons

1. Details of the disposition;

A. On October 13, 2006, B operated D convalescent Hospital (hereinafter “instant hospital”) located in C at the window of Changwon-si, the Defendant obtained permission to establish a medical institution (hereinafter “instant permission”) with a convalescent hospital prescribed in Article 3(2)3 (d) of the Medical Service Act. On April 1, 2011, B transferred the status of the founder of the instant hospital from B and operated the instant hospital.

B. The Plaintiff agreed to extend the instant hospital and newly constructed a building on the land immediately adjacent to the instant hospital building (hereinafter “instant building”) and obtained approval for the use of the instant building from the head of the Chang-si, Changwon-si, on April 3, 2015.

C. Meanwhile, the location where the instant hospital and the instant building exist is designated as the quasi-residential area (an area necessary to supplement the commercial function and business function to support it by centering on the residential function) as prescribed by Article 36(2) of the National Land Planning and Utilization Act and Article 30 subparag. 1(c) of the Enforcement Decree of the same Act (hereinafter “National Land Planning Act”) and the aesthetic zone (a quasi-residential area and aesthetic zone are 9,236 square meters in size) as prescribed by Article 37(1)2 of the National Land Planning and Utilization Act (the area of the quasi-residential area and the aesthetic zone is 9,236 square meters in size), and the area surrounding the said quasi-residential area and the aesthetic zone is designated as the first-class exclusive residential area (an area necessary to protect the favorable residential environment centered on the low-rise residential zone) or the first-class general residential area (an area necessary to create a residential environment that is convenient

On February 13, 2012, and March 3, 2014, the Plaintiff obtained permission from the Defendant to change the number of beds of the instant hospital from the medical institution.

E. On May 6, 2015, the Plaintiff intended to use the instant building as the sick room, etc. of the instant hospital, and changed the establishment of a medical institution to the Defendant.

arrow