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(영문) 서울행정법원 2018.08.16 2018구합52754
의사면허정지처분 취소청구의 소
Text

The Defendant’s disposition of suspending qualification for doctor’s license rendered on December 16, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is an intention to establish and operate a Council Member C in Jeonnam-gun, Jeonnam-gun (hereinafter “instant Council Member”).

B. On November 3, 2016, the head of the Gwangju District Court issued a summary order of KRW 1 million to the Plaintiff on the charge of violating the Medical Service Act (hereinafter “instant criminal fact”), stating that “the Plaintiff, around March 2013, requested a prescription for the medicines manufactured and produced by the Uyoung medication Co., Ltd. (hereinafter “Yyoung medication”) from business operators D, and received KRW 2 million in return, and received economic benefits, such as money, etc. provided for the purpose of promoting the sale of medicines” (hereinafter “instant criminal fact”), and the summary order became final and conclusive as it is.

(hereinafter “instant summary order”). C.

On December 16, 2016, the Defendant rendered a disposition suspending qualification for two months for the instant criminal facts to the Plaintiff (hereinafter “instant disposition”) based on Articles 66(1)9 and 23-2(1) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; hereinafter the same) based on the grounds for disposition.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful (whether it deviates from or abused the discretionary authority)

A. Article 4 [Attachment Table] of the Regulations on Administrative Measures Concerning the Suspension of License under Article 66(1) of the former Medical Service Act provides that where a medical person receives economic benefits provided for the purpose of promoting the sale of drugs from a pharmaceutical manufacturer, etc., where the amount of fine is not more than five million won based on the amount of fine, etc. from June 20, 201 to March 31, 2013, or where a disposition of suspension of indictment is issued, etc., the “disposition of suspension of qualification for two months” shall be imposed, and where the amount received is less than three million won based on the amount received from April 1, 2013 to April 1, 201.

The Plaintiff is the Plaintiff.

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