logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.08.11 2016구합4614
의사면허자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff is a doctor who establishes and operates a C Hospital (hereinafter referred to as the "instant hospital") in the Seo-gu Busan Metropolitan City.

On January 15, 2015, the Plaintiff was sentenced to a suspended sentence of two years and a fine of ten million won for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) with respect to the following criminal facts at the Busan District Court (hereinafter “violation of the Medical Service Act”).

(B) On January 4, 2013, the Plaintiff: (a) performed an operation on the symptoms of the escape of the estimated signboards for patients at the operating room of the instant hospital on January 4, 2013; (b) had E, an assistant nurse, perform a medical act, such as cutting the skin of the patient’s skin after cutting the skin of the patient’s body; and (c) received 642,762 won as expenses for the surgery from that time to April 26, 2013; and (d) received 30,594,050 won in total over 38 times in the same way as expenses for the surgery.

As a result, the plaintiff and E conspired to engage in medical practice for profit-making purposes.

The Plaintiff and the Prosecutor appealed against the above judgment, and the Busan District Court reversed the above judgment on June 26, 2015, and sentenced the Plaintiff to a suspended sentence of one year and a fine of five million won (Seoul District Court 2015No389), and this judgment became final and conclusive around that time.

Accordingly, on October 15, 2015, the Defendant: (a) on the ground that “the Plaintiff had a person who is not a medical person perform medical practice” (Article 27(1), Article 66(1)5, and 10 of the Medical Service Act; (b) Article 4 [Attachment] of the Rules on Administrative Dispositions Concerning Medical Services

2. Individual standards:

A. Pursuant to 19), the suspension of qualification for a doctor’s license for three months (from February 1, 2016 to April 30, 2016) was imposed pursuant to 19 (hereinafter “instant disposition”).

(ii) [based on recognition] unsatisfy, Gap evidence 1 and 2 (if available, numbered) respectively.

arrow