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(영문) 서울고등법원 2015.05.29 2014누71889
자격정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) The interval between the third parallels 4 through 7 shall be as follows:

(2) The Plaintiff filed a lawsuit against the head of Yeongdeungpo-gu Seoul Metropolitan Government Public Health Center seeking revocation of the instant penalty surcharge imposition. The Seoul Administrative Court rendered a judgment against the Plaintiff on November 6, 2014, which was rendered against the Seoul Administrative Court, and the Seoul High Court, which was the appellate court, rendered a judgment dismissing the Plaintiff’s appeal on April 14, 2015, added the following parts to Chapter 18, (2) 3, 3, 4, 4, and 4, 4, 5, 5, 50, 50, 50, 500, 500, 500,000,000,0000,0000,000,0000,000,000,000,000,000,000,000

Article 80(3) of the Medical Service Act provides that matters necessary for the qualification examination, recognition of qualifications, limitation of duties, etc. of a nursing assistant shall be prescribed by Ordinance of the Ministry of Health and Welfare. Article 2(1) of the Rules on a nursing assistant and a medical care provider shall provide that a nursing assistant shall perform nursing assistance and medical care assistance.

The “medical assistance as an assistant nurse” refers to the act of assisting a nurse, etc. in the medical treatment performed by a physician as the principal agent, even if a physician verbally instructed a nurse, etc. to perform a medical act according to the doctor’s instructions, if the nurse or assistant nurse performed a medical act, it cannot be deemed as a medical assistance act.

Provided, That where an assistant nurse assists in medical treatment, he/she shall be present at the site at all times, but a doctor shall be present at the site.

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