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(영문) 서울행정법원 2020.01.16 2019구합2206
한의사자격정지처분취소
Text

1. The disposition taken by the Defendant to suspend the license to the Plaintiff on January 21, 2019 shall be revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an oriental medical doctor who established and operated a “C Hospital” (hereinafter “instant hospital”) in Seo-gu, Gwangju from December 5, 2015 to April 10, 2016.

B. On November 2, 2017, Seoul Northern District Court (2017 High Court 281) found the Plaintiff guilty of the charge of violating the Medical Service Act to the following purport, and sentenced the Plaintiff to the suspension of the sentence of imprisonment (fine 1,000,000).

The above judgment became final and conclusive since the plaintiff and the prosecutor did not appeal.

(hereinafter referred to as “related criminal case”). D is a person who worked as a herb doctor without a herb doctor’s license from Dongdaemun-gu Seoul building and from the “G Hanwon” located in subparagraph (hereinafter referred to as “G Hanwon”) under the name of H, and the Defendant (Plaintiff) is a de facto operator of the above Gwon.

1. Notwithstanding the fact that the medical personnel who committed the sole crime of Defendant (Plaintiff) did not establish a medical institution, the Defendant (Plaintiff) opened the medical institution and run the medical business without reporting the establishment of the medical institution to the competent Gu office from December 5, 2015 to April 10, 2016.

2. On April 8, 2016, Defendant (Plaintiff) and D visited I (Plaintiff, 57 years old) from G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G 3 parts of the head purification 6cm in length due to the subsidence of the 6cm in length; 10 parts on the G G G G G G G G G G G G G group; 2-3 parts on the hand, the 10cm in length; 0.5cm in 0cm in 10cm on the hand, etc.; the Defendant (Plaintiff) committed the above act of violation as to the duties of Defendant (Plaintiff) at the same date and at the same place.

C. On January 11, 2018, the Defendant issued a disposition suspending the qualification of two months’ license of oriental medical doctors (hereinafter “previous disposition”) to the Plaintiff on the ground that “the Plaintiff provided medical services at Gwon without reporting the establishment of a medical institution from December 5, 2015 to April 10, 2016,” based on Articles 66(1)10 and 33(1) of the Medical Service Act.

The plaintiff is the defendant.

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