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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. On March 15, 2002, the Plaintiff was permitted by the Do governor of the Gyeongsan-si to establish a hospital “C hospital” (hereinafter “instant hospital”) under the name of the Do governor of the Gyeongsan-si and operated the said hospital at the 16 hospital and the hospital-level medical institution of the size of the hospital room 79 hospital rooms.
B. On April 4, 2018, the Defendant conducted a “examination of the safety examination of medical institutions” to the hospital, and discovered deficiencies in the human resources standards under the Medical Service Act (one pharmacist and two or more nurses on duty), such as having only one nurse on duty, etc. without having a pharmacist, and notified him/her of the supplementation up to May 31, 2018.
C. On June 20, 2018, the Defendant determined that the above notification was not supplemented by the foregoing time limit, and notified the Plaintiff of the prior notification of disposition that pre-announces the Plaintiff to issue a corrective order.
On July 25, 2018, based on Article 36 subparag. 5 and Article 41(2) of the Medical Service Act, the Defendant issued a corrective order to “compliance with the prescribed number of pharmacists and medical personnel on duty” to the Plaintiff by September 14, 2018 on the ground that the prescribed number of medical personnel on duty falls short of the prescribed number of pharmacists and medical personnel on duty (hereinafter “instant administrative disposition”).
E. The Plaintiff did not supplement the Plaintiff by employing a pharmacist and a nurse on duty until the date of the closing of the instant argument.
F. The statutes related to the operation of the medical institution for the instant case are as shown in the attached Form.
【Ground for recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 8, the purport of whole pleading
2. The assertion and judgment
A. The Plaintiff’s assertion is premised on the fact that the instant hospital works for doctors and nurses during low working hours, and is not receiving inpatientss at night. As such, the Plaintiff’s assertion is based on the fact that there is no longer a preparation of medicine and there is no night-time worker, and that there is no insufficient matter related to the medical personnel on duty, and thus, the Plaintiff failed to correct the deficiencies properly.