logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.06.15 2017구합51044
의사면허자격정지처분취소
Text

1. On October 26, 2016, the Defendant’s disposition of “two months of suspension of qualification for doctor’s license” against the Plaintiff is revoked.

2...

Reasons

The details and details of the disposition are the intention of “B/Rehabilitation Medical Doctor” in Eunpyeong-gu Seoul Metropolitan Government.

On August 26, 2016, the Plaintiff was released from prosecution by the prosecutor of the Seoul Western District Prosecutors’ Office on the ground that “the Plaintiff was provided with goods equivalent to KRW 1320,000 in cash from October 201 to December 201, 201, and KRW 200,000,000” on the violation of the Medical Service Act, which read, “the fact of suspicion is recognized, but the fact of suspicion is considered to have been committed, and the received amount is less than three million,” was taken into account.”

On October 26, 2016, the Defendant provided the Plaintiff with an economic benefit equivalent to KRW 1.520,000 for the purpose of promoting sales, such as adoption of medicines, inducement of prescription, etc. from a gene medication from around October 2011 to January 2013, Article 66(1)9 of the former Medical Service Act (Amended by Act No. 13658, Dec. 29, 2015); Article 4 [Attachment] of the former Rules on Administrative Dispositions related to Medical Services (Amended by Ordinance of the Ministry of Health and Welfare No. 190, Mar. 29, 2013; hereinafter “former Enforcement Rule”);

2.(a)

16) Based on (f) the disposition of “two months of the suspension of qualification for a doctor’s license” (hereinafter “instant disposition”).

[Reasons for Recognition] In a case where a doctor acquires economic benefits, such as money, etc. provided for the purpose of sales promotion, such as inducing the adoption of medicine, etc., a doctor shall divide criminal punishment of a fine not exceeding KRW 30 million from the suspension of indictment into several stages, and determine the criteria for suspension of qualification for two months from suspension of qualification to 12 months from suspension of qualification.

In addition, Article 4 [Attachment 2] 2(a)(16) of the current Regulations on Administrative Measures Concerning Medical Services (hereinafter “former Enforcement Rules”) [Attachment 2] of the current Regulations on Administrative Measures Concerning Medical Services (hereinafter “Enforcement Rules”) aims to promote sales such as inducing the adoption of drugs.

arrow