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(영문) 서울고등법원 2019.09.06 2018누46737
업무정지처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the dismissal or addition of the following among the reasoning of the judgment of the court of first instance.

Among the reasons for the judgment of the first instance court, each "Plaintiff" in paragraphs (1) through (4) shall be dismissed as "the deceased".

3. The following shall be added to the Doster:

D. Meanwhile, on November 18, 2018, the deceased died during the trial. The deceased’s heir was F, G, and the Plaintiff, who was his child, but F, G, and the Plaintiff took over the instant lawsuit on July 1, 2019, following the renunciation of inheritance, and the Plaintiff’s acceptance of the instant lawsuit on July 1, 2019.” 3rd page 1 of the “No. 1, 2, 3, 5, 13, 14, 15” of the “No. 1, 2, 3, 3, 5, 14, 15.”

4. The 10th page "Witness" shall be the "Witness of the first instance court".

5. The second two pages "this Court" shall be "Court of First Instance".

7.On the 16th page, the following shall be added:

Even if the addition of the disposal grounds as alleged above by the Defendant’s Defendant’s family affairs is permitted, each of the descriptions in the Evidence Nos. 6, 10, 11, 14, 15, and 16, is insufficient to recognize that the deceased had induced D to the instant medical care institution by providing or promising to provide the benefit, and there is no other evidence to support this otherwise, the above assertion by the Defendant is without merit, following the fourth parallel of 8 pages of “The foregoing argument by the Defendant is without merit.”

In regard to this, the defendant alleged to the effect that part of the disposition of this case which is not recognized as a ground for disposition should be revoked. However, in light of the following circumstances, the defendant's above assertion cannot be accepted.

(1) Even in cases of a single administrative disposition in external shape, if there is separation or part of the object of the disposition can be specified, only that part may be revoked, but the same as in this case.

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