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(영문) 서울행정법원 2015.12.03 2015구합6224
의사면허자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a doctor (license number B) who served as a military doctor while serving as a military doctor.

B. On December 17, 2014, the Plaintiff, who served as a military doctor, was convicted of a fine of KRW 7 million for the following criminal facts at the general military court of the 50th volunteer soldier’s rank (No. 2014Da32), and this judgment became final and conclusive around that time.

1. A medical person who has not violated the Medical Service Act shall keep records concerning medical treatment, such as medical records, and shall record in detail the matters and opinions concerning medical treatment prescribed by Ordinance of the Ministry of Health and Welfare, such as the main symptoms, diagnosis and treatment of the patient

Nevertheless, from April 29, 2013 to April 24, 2014, the Plaintiff was unable to use the national defense medical management system (e-DMF) and did not prepare medical records on the grounds that it is difficult for the Plaintiff to use the national defense medical management system (e-DMF) after treating patients at the first medical care room of the 50th group D Co., Ltd. located in Chungcheongnam-gun, Ulsan-do.

3. Despite the fact that a person, other than a medical practitioner, is not allowed to perform medical practice, the Plaintiff had E and F, who is not a medical practitioner, take a drug list stating the kind, composition, and function of medicine, in the medical room for the medical personnel listed in paragraph (1) of this Article, and had E and F take the method of advertising the patient, or placing the patient in injection, and in the case of a simple patient, he and she had the patient take the drug without a license.

Therefore, on May 28, 2013, the Plaintiff had E and F, not medical personnel, provide a vaccination to the head of the sick ward with a certificate of symptoms in the course of GGGGG medical treatment, and had E and F, not medical personnel, provide medical treatment on 61 occasions.

Accordingly, the plaintiff assisted E and F to perform unlicensed practice.

C. On April 21, 2015, the Defendant: (a) Articles 22(1) and 27 of the Medical Service Act, on the ground that “the Plaintiff did not record medical records, etc. but had a person who is not a medical person conduct medical practice” to the Plaintiff.

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