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(영문) 부산지방법원 2018.04.20 2018구합20352
시정명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 1, 2015, the Plaintiff filed an application with the Defendant for the establishment of a medical institution under the name of “B Hospital” with a dentist, and the Defendant filed an application with the Plaintiff on the same day for the establishment of a medical institution.

On October 18, 2017, the Defendant sent to the Plaintiff a letter of objection stating that “B hospital name shall be indicated in Korean language at the time of filing an application for change of the name (Korean or foreign parallel marks) at the time of filing an application for the change of the name at the time of the next application for the permission to establish a medical institution.”

On December 8, 2017, the Defendant issued a prior notice of a corrective order to the Plaintiff on December 29, 2017, and issued an order to correct the name indication of medical institution by January 26, 2018, based on the violation of Article 42(2) of the Medical Service Act and Article 40 Subparag. 7 of the Enforcement Rule of the same Act (an inappropriate indication of medical institution name, Korean and foreign mixed indication) (an inappropriate indication of medical institution name, Korean and foreign mixed indication).

(2) Article 3(2) of the Medical Service Act provides that “The person who intends to establish a medical institution shall use the term “the person shall use the term “the person shall use the term “the person shall use the term “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “the person shall use” or “

Even if the original name attached in front of the name of a medical institution is indicated in a foreign language, the general public.

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