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(영문) 서울행정법원 2013.07.23 2013구합6640
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 who establishes and operates a Council Member C in Jeon Chang-gun, Jeon Chang-gun (hereinafter “instant Council Member”).

B. On June 5, 2012, the National Health Insurance Corporation: (a) conducted on-site investigations of the details of treatment between 12 months from January 5, 2010 to December 5 of the same year by the instant Council members; (b) discovered that the Plaintiff had a person, other than medical technicians, undergo physical treatment, who is a medical technician.

C. On November 7, 2012, the prosecutor of the Jeonju District Prosecutors’ Office suspended the prosecution on the suspected violation of the Medical Technicians, etc. Act that “a person who is not a medical person has engaged in medical practice” against the Plaintiff.

On January 2, 2013, the Defendant: (a) on the ground that “the Plaintiff had D, other than medical technicians, engage in physical treatment by putting a HPk on the patient’s return, thereby allowing him/her to perform the duties of medical technicians; (b) Article 66(1)6 of the former Medical Service Act (amended by Act No. 10565, Apr. 7, 201; hereinafter “former Medical Service Act”); (c) Article 4 [Attachment] of the former Rules on Administrative Measures Concerning Medical Services (amended by Ordinance of the Ministry of Health and Welfare No. 62, Jun. 20, 201; hereinafter “former Rules on Administrative Measures”).

1. Common standards:

(d) 1 and

2. Individual standards:

A. Pursuant to subparagraph 37, the Plaintiff rendered a disposition suspending the Plaintiff’s license for seven days (from April 1, 2013 to April 7, 2013) (see Evidence A 1; hereinafter “instant disposition”).

(ii) [In the absence of a dispute over the basis of recognition, entry of Gap 1 to 4, Eul 1 and 2, and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 covered the patient’s original factoring in the patient’s return does not simply assist the patient’s return, but can not be viewed as a physical therapy. As such, a physical therapy assistant under the direction and supervision of a physical therapyr.

After the plaintiff directly examines the patient, he/she shall require D to be in general service in accordance with the instructions of the physical clinic belonging to the instant member.

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