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(영문) 서울고등법원 2005. 9. 28. 선고 2005누2324,2005누2331(병합) 판결
[국민건강보험요양기관업무정지처분취소·의료급여기관업무정지처분취소][미간행]
Plaintiff, Appellant

Plaintiff (Attorney Lee Jae-tae, Counsel for the plaintiff-appellant)

Defendant, appellant and appellant

The Minister of Health and Welfare

Conclusion of Pleadings

September 7, 2005

The first instance judgment

Seoul Administrative Court Decision 2004Guhap13691, 14564 decided Dec. 28, 2004

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's disposition of 162 days of business suspension of a medical care institution that was rendered on May 4, 2004 against the plaintiff and the disposition of 130 days of business suspension of a medical care institution that was made on May 20, 204 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

This Court’s reasoning is the same as that of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Judges Lee Sung-sung (Presiding Judge) (Presiding Judge)

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