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(영문) 서울고법 1975. 5. 13. 선고 70구93 제1특별부판결 : 상고
[의사면허취소처분취소청구사건][고집1975특,504]
Main Issues

A person who is able to apply for the Korean Medical Examination under the Act on Special Measures for the Prevention of Attempted Medicines in the Unclaimed Welfare, etc.

Summary of Judgment

A person who is eligible to apply for the Korean Medical Examination under Article 3 (2) of the Special Measures for the Measures for the Prevention of Attempted Drugs from Unclaimed Crimes, etc. shall be limited to a person who has obtained a qualification or license for Korean Medical Doctor in an attempted crime, etc., and who has failed to apply for the Korean Medical Examination and has obtained a Korean Medical Examination in accordance with the Special Measures for the Prevention of Attempted Crimes, and thus, if a person who is not a Korean Medical Doctor has passed the Korean Medical Examination and has obtained a Korean Medical Examination, the license shall be deemed to have

[Reference Provisions]

Article 3 of the Act on Special Measures for Attempted Medical Workers (Law No. 1796)

Reference Cases

Supreme Court Decision 75Nu123 delivered on December 9, 1975 (Dakhd 11094; Supreme Court Decision 23Nu357 delivered on December 5, 197; Decision 1(282)180 of the Administrative Litigation Act; Decision 5Nu130 delivered on July 13, 1976

Plaintiff

Plaintiff

Defendant

The Minister of Health and Welfare

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Purport of claim

As of February 3, 1970, the defendant revoked the Han-si's revocation disposition against the plaintiff.

Judgment that the lawsuit costs shall be borne by the defendant

Reasons

On February 3, 1970, the defendant issued a disposition revoking the plaintiff's license to the plaintiff on February 3, 1970 and the defendant's disposition on this case is not a dispute between the parties concerned as to the fact that the plaintiff applied for the Han branch examination and obtained the license to the Han branch on the ground that the issuance of the license to the plaintiff was a serious defect, even though the plaintiff does not correspond to those who are recognized as qualified to apply for the Han branch examination implemented by the State under the Act on Special Measures for the Prevention of Attempted Medicines (hereinafter "Special Measures for the Prevention of

The plaintiff's license is restricted by the Medical Service Act, and it is hard for the plaintiff to apply for the above 1's 6th anniversary of the above 1967 examination. The plaintiff's 1's 6th 1st 1st 1st 6th 1st 6th 1st 1967. The plaintiff's 1st 6th 1st 6th 1st 1st 1969. The plaintiff's 1st 6th 3th 1st 1st 2nd 2nd 1966th 1st 2nd 2nd 196th 1st 2nd 2nd 196th 1st 2nd 196th 1st 2nd 2nd 2nd 3rd 2nd 1st 2nd 1st 2nd 3rd 2nd 2nd 3rd 2nd 2nd 3rd 2nd 2nd 3rd 2nd 2nd 3rd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 3rd 3

Therefore, the plaintiff's claim is dismissed without merit, and the costs of the lawsuit are assessed against the plaintiff. It is so decided as per Disposition.

Judges Han Man-kn (Presiding Judge) expected Man-ho

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