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(영문) 서울행정법원 2018.06.28 2017구합89353
면허 자격정지처분 취소
Text

1. The Defendant’s disposition of suspending the license of dental technicians on October 10, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. As a dental technician, the Plaintiff, on February 8, 201, registered the establishment of a dental laboratory with the competent authority, operated “C” on the Seo-gu, Seo-gu, Gwangju (hereinafter “C”) and the second floor (hereinafter “D”).

B. The Gwangju Metropolitan City Dental Association promoted the project for collaboration and clustering of dental laboratories around 2015, and the Plaintiff, along with other companies, operated dental laboratories in the “F” house located in Gwangju Northern-gu E (205) from May 25, 2015 to participate in the said project.

C. The Plaintiff filed a complaint with the Gwangju Northern Police Station on May 4, 2016 with the purport that “A dental laboratory was operated within the foregoing “F” house without filing a registration or report with the competent authority, and the head of the Gwangju Metropolitan City North Korea Office operated the dental laboratory on the grounds that “A dental laboratory was operated without filing a registration of establishment.”

On June 13, 2016, the Plaintiff was finally issued a summary order of KRW 1 million (Seoul District Court 2016 High Court Decision 2016 High Court Decision 6511).

On October 10, 2017, the Defendant issued a disposition suspending the license of dental technicians for three months to the Plaintiff as the grounds for the following disposition.

(Period of Disposition: From January 1, 2018 to March 31, 2018; hereinafter “instant Disposition”). The Plaintiff established and operated a dental laboratory with the trade name “D” in the Seoul Northern-gu E and 205 without registering the establishment of the competent authority from May 26, 2015 to April 27, 2016.

This is a case where a dental laboratory is established and operated without registration of establishment, in violation of Article 11-2(3) of the Medical Technicians Act.

Legal basis related to dispositions - Criteria for administrative dispositions in relation to medical technicians, etc. under Article 22(1)2-3 and 11-2(3) of the Medical Technicians, etc. Act (Amended by Act No. 14219, May 29, 2016); Article 4 [Attachment] of the Rules on Administrative Dispositions related to Medical Services

2.(c)

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E. On January 19, 2018, after the filing of the instant lawsuit, the Defendant changed the grounds for the instant disposition as follows.

The facts constituting the cause of the disposition - The plaintiff from May 26, 2015 to April 27, 2016.

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