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(영문) 대법원 1962. 2. 15. 선고 4294행상140 판결
[의사면허교부신청각하처분취소][집10(1)행,103]
Main Issues

Domestic qualifications of those licensed in a foreign country;

Summary of Judgment

It is required that the competent Minister have obtained recognition of the relevant academic background and appropriateness in accordance with Article 5 (3) of the Joseon Medical Decree, if he/she acquired the right to obtain a medical license under Article 6 of the Addenda to the National Medical Service Act.

[Reference Provisions]

Articles 5, 3, and 3 of the Decree on Rescue and Aid Services

Plaintiff-Appellant

Lee Dong-dong (Attorney Allocation-at-Law)

Defendant-Appellee

The Minister of Health and Welfare (Attorney Early Port)

original decision

Seoul High Court Decision 4293Da105 delivered on August 16, 1961

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the plaintiff's attorney are examined.

In light of the above, the first instance court's decision that the plaintiff's right to obtain a medical license under Article 6 of the Addenda to the National Medical Service Act is unnecessary to obtain a medical license from the competent Minister at the time of the enforcement of the Joseon Dynasty, and that even if the plaintiff is a person who passed a medical examination from a foreign country and obtained a medical license, he cannot obtain a medical license from the competent Minister at the time of the enforcement of the Joseon Dynasty unless he is qualified to obtain a medical license from the above competent Minister (see Supreme Court Decision 4293Da16,17,18 delivered on December 21, 1961). Since the plaintiff's right to obtain a medical license from a foreign country after graduating at a certain time, the plaintiff obtained a medical license from the public-private father and received a medical license from the public-private father at the time of the enforcement of the Joseon Dynasty, the plaintiff's right to obtain a medical license from the public-private father at the time of the enforcement of the Japanese Medical Service Act is not clearly different from the plaintiff's right to receive a medical license from the first instance.

Justices Cho Jin-man (Presiding Judge) of the Supreme Court Decision 2011 J. 18

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