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(영문) 서울행정법원 2017.11.30 2017구합2646
의사면허자격정지처분취소
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

On February 25, 2016, the Defendant received economic benefits equivalent to KRW 4,835,00 from the Plaintiff from July 28, 2010 to September 30, 2010, from the Plaintiff (hereinafter “B”) and C (hereinafter “C”) as a market survey; from May 27, 2010 to November 14, 2010, 3,721,60 won for the purpose of promoting sales, such as inducing the adoption and treatment of drugs (hereinafter “D”), on the ground that “the Plaintiff was provided with economic benefits equivalent to KRW 3,721,60 for the purpose of inducing the adoption and treatment of drugs, etc.” (amended by Act No. 10325, May 27, 2010; hereinafter the same shall apply) of the former Medical Service Act (amended by Presidential Decree No. 21516, May 26, 2015; hereinafter “former Enforcement Decree of the Medical Service Act”).

On March 14, 2016 and April 8, 2016, the Plaintiff requested the Defendant to extend the effective period of the instant disposition to the effect that “The period of validity of the instant disposition ought to be extended, on the beginning of 2016, with a large number of pre-contracted patients by the end of 2016 and the beginning of 2017. In addition, the Plaintiff is scheduled to institute an administrative litigation against the instant disposition. In the event of an administrative litigation, the Plaintiff would have taken approximately one year and six months until the Supreme Court ruling was rendered.”

On April 19, 2016, the Defendant accepted the request and notified the Defendant of the change of the period of business suspension following the instant disposition from June 1, 2017 to August 31, 2017.

On July 28, 2017, the Plaintiff again requested the Defendant to “The period of suspension of business under the instant disposition due to personal circumstances will be changed from May 1, 2017 to July 31, 2017.”

The defendant accepted the request on July 29, 2017 and changed the period of business suspension following the instant disposition from May 1, 2017 to July 31, 2017 (hereinafter “the notification of change of administrative disposition”).

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