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(영문) 서울고등법원 2019.04.03 2018누55755
요양기관업무정지처분등
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 citing the reasoning of the judgment of the court of first instance is justified and quoted as the ground of this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, and the following part emphasizing the plaintiff again in the appellate trial.

2. The plaintiff's main assertion and judgment on the appeal

A. (1) Whether the Framework Act on Administrative Investigations is violated or not, the summary of the Plaintiff’s assertion (hereinafter “D Center”).

(D) Data, such as details of the purchase of drugs reported and managed (hereinafter referred to as “D Center data”).

(2) Article 17(1) of the Framework Act on Administrative Investigations provides that “The head of an administrative agency who intends to conduct an administrative investigation shall notify the person subject to the investigation of a written request, a written request, a written request, a written request, and an on-site investigation report by seven days prior to the commencement of an on-site investigation, or a written notification to the person subject to the investigation of the administrative investigation by seven days prior to the commencement of an on-site investigation.” Article 17(1) of the Framework Act on Administrative Investigations provides that “The head of the administrative agency who intends to conduct an on-site investigation shall be notified in writing of the written request, a written request, a written request, and a written request for an on-site investigation by seven days prior to the commencement of an on-site investigation.” Article 17(1) of the same Act provides that “If a prior notification of the relevant matters prior to the performance of an on-site investigation is made, the purpose of an on-site investigation may not be achieved due to destruction of evidence, etc.”

The investigator, etc. belonging to the Ministry of Health and Welfare (hereinafter referred to as the "defendant") shall conduct an on-site investigation with respect to the Plaintiff’s pharmacy.

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