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(영문) 서울행정법원 2016.06.02 2015구합80543
응시원서접수거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The following facts may be acknowledged in full view of the details of the disposition and the parties concerned, the entry of Gap evidence No. 1, and the purport of the whole pleadings:

A person who intends to be a dentist on February 16, 1973, Act No. 2533, Feb. 16, 1973 (hereinafter “1973 Medical Service Act”), who intends to be a dentist, shall obtain a license from the Minister of Health and Welfare after passing the relevant national examination under Article 9, who has qualifications falling under any of the following subparagraphs. A person who intends to be a dentist after graduating from a foreign school recognized by the Minister of Health and Welfare, who intends to be a dentist on January 7, 1994, Act No. 4732, Jan. 7, 1994 (hereinafter “Medical Service Act”), shall obtain a license from the Minister of Health and Welfare after passing the relevant national examination under Article 9:

Any person who has graduated from a foreign school recognized by the Minister of Health and Welfare, and obtained a license for a foreign dentist, under the previous provisions of Article 4 at the time of the enforcement of this Act, and any person who is enrolled in a foreign college recognized by the Minister of Health and Welfare,

A person who intends to be a dentist of March 30, 2002 (hereinafter “the Medical Service Act of 2002”) shall obtain a license from the Minister of Health and Welfare after having obtained the qualifications falling under any of the following subparagraphs and passed the relevant preliminary examination (limited to persons falling under subparagraph 3) and the national examination under Article 9. A person who graduated from a foreign school recognized by the Minister of Health and Welfare and has passed the preliminary examination under Article 9 shall enter into force three years after the date of promulgation of Article 1. The amended provisions of “Article 5 subparag. 3 of the former Medical Service Act” in this case are as follows. The Plaintiff is a dental university recognized by the Minister of Health and Welfare under the Medical Service Act of 1973.

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