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(영문) 서울남부지방법원 2016.11.24 2016노595
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. On April 14, 2015, the summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was ordered by the head of Yeongdeungpo-gu Public Health Center to take corrective measures against violations of the standards for human resources for nurses prescribed by the Medical Service Act and the Enforcement Rules thereof (hereinafter “instant human resources standards”) by May 18, 2015 (hereinafter “instant corrective order”), and the number of nurses of the instant hospital as indicated in the facts charged was four. In light of the following reasons, the number of nurses of the instant hospital operated by the Defendant as the recruitment of the Defendant is deemed to meet the standards for human resources in this case. Nevertheless, the lower court determined that the Defendant failed to comply with the instant corrective order on the grounds that the number of nurses of the instant hospital after the instant corrective order fell short of the standards for human resources in the instant case. Accordingly, the lower court erred by misapprehending the legal principles regarding the establishment permission of the instant hospital and the medical personnel in the name of the instant hospital and the medical personnel in the name of the instant hospital, and that the Defendant modified the said standards.

(c).

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