All appeals are dismissed.

The costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Intervenor.

Defendant and Defendant’s Intervenor’s grounds of appeal are examined together.

1. As to ground of appeal No. 1

Article 19 (1) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as "mental Health Improvement Act") shall apply to the establishment of a mental medical institution. In such cases, matters necessary for the standards for facilities and equipment of a mental medical institution and qualifications for employees, including medical personnel, shall be prescribed separately by Ordinance of the Ministry of Health and Welfare, taking into account the scale of a mental medical institution, etc.

In accordance with the delegation of the latter part of the above provision, the Enforcement Rule of the same Act [Attachment 3] and [Attachment 4] provide the criteria for facilities and equipment and the criteria for qualifications of employees, such as medical personnel, in detail.

On the other hand, the Medical Service Act provides that a medical clinic, oriental medicine clinic, or midwifery clinic shall be reported to the head of Si/Gun/Gu (Article 33(3)). However, if a medical institution intends to establish a general hospital, hospital, dental hospital, oriental medical hospital, or convalescent hospital, it shall obtain permission

(4) Article 33(4) of the Medical Service Act separates the system of permission and reporting depending on the type of medical institution. The purport of the aforementioned provision is to ensure that the establishment of a clinic-level medical institution subject to reporting can be promptly established by excluding, in principle, the rejection of the report by an administrative agency for reasons other than those prescribed by the Act and subordinate statutes.

B. In full view of the contents of the relevant statutes and the purport of the reporting system, when a person who intends to establish a psychiatrist satisfies the requirements stipulated in the statutes and reports the establishment thereof, the administrative agency, in principle, shall accept the report and issue a certificate of completion of report, and the grounds other than the requirements stipulated in the statutes.