1. On April 16, 2015, the Defendant’s disposition, such as revocation of qualification as an assistant nurse, against the Plaintiff, shall be revoked.

2. The costs of lawsuit shall be.

Details of the disposition

The plaintiff (former name: B) acquired a certificate of assistant nurse qualification (qualification number: C) in 1995.

On November 26, 2014, the Plaintiff leased the assistant nurse’s license to the Evalescent Hospital located in the Chuncheon District Court from February 14, 2013 to May 1, 2013.

‘A summary order of KRW 2 million (2014 high-end 3316) was issued due to criminal facts, and the above summary order was finalized on December 9, 2014.

The defendant on April 16, 2015, on the ground that the plaintiff violated Article 65 (1) 5 of the Medical Service Act by lending his/her assistant nurse's license to the plaintiff on April 16, 2015, the attached Table of Article 4

1. Common standards under item (e),

2. The Plaintiff’s assistant nurse’s qualification was revoked on the ground of subparagraph 30 of the individual criteria and the Plaintiff’s assistant nurse’s license was not reissued for two years from the date of revocation (hereinafter “instant disposition”).

The Plaintiff received the instant disposition on April 29, 2015, and filed the instant lawsuit on July 23, 2015.

[Ground of recognition] Evidence No. 1, Evidence Nos. 1, 2, 1, and 2 (including additional numbers), the absence of dispute, and the purport of the whole argument of the plaintiff as a whole, Attached Table No. 4 of Rules on Administrative Dispositions related to Medical Service

1. According to Article 65 (1) 5 of the Medical Service Act, where a license is lent, the criteria for disposition against a medical person shall apply mutatis mutandis to the criteria for disposition against a nursing assistant. Article 65 (1) 5 of the same Act provides for the lending of a license as a ground for revocation of discretionary license, not a necessary revocation of license, but as such, the attached Table

2. An individual standard item (a) 30 provides that the qualification of an assistant nurse shall be revoked only for the lending of a certificate of qualification of an assistant nurse.

Therefore, the revocation of the Plaintiff’s qualification certificate without considering the Plaintiff’s individual circumstances pursuant to Article 4(a)(30) of the Rules on Administrative Measures Concerning Medical Services is erroneous in the abuse of discretion.

Judgment

Facts of recognition

The plaintiff has obtained the qualification certificate of assistant nurse in 1995.