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(영문) 서울행정법원 2018.09.20 2017구합6921
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, as a doctor from May 27, 1996, established and operated the “C Council member” (hereinafter “instant Council member”), which is a medical institution, in F.B in F.C. as a medical doctor.

B. On July 1, 2015, the Plaintiff received a summary order of a fine of one million won pursuant to Articles 87(1)2 and 27(1) of the former Medical Service Act (wholly amended by Act No. 13658, Dec. 29, 2015; hereinafter the same) as to the following criminal facts (hereinafter “instant criminal facts”) from the Gwangju District Court’s Netcheon Branch Branch, as well as Article 31(1) of the Criminal Act.

The plaintiff is a doctor working as the president of the Council member of this case.

On December 21, 2014, the Plaintiff: (a) around 12:32, at an inn city, went outside of the instant member for the purpose of an instigious death; (b) instructed D, a nurse, to see that “the patient was to administer the dystro that he had left at all times,” and caused D to feel that D would perform the act of medication without a doctor’s medical examination and treatment.

At around 13:00 to 13:30 on the same day, the Plaintiff: (a) had D administer tripha 250 meters of nutrition, without any doctor’s treatment, against five patients, including E, who visited the instant member; and (b) instigated unlicensed medical practice.

C. On May 18, 2016, the Gwangju District Court rendered a judgment of conviction of KRW 1 million against the Plaintiff on May 18, 2016 (2015Da609), and on the Plaintiff’s appeal, the Gwangju District Court rendered a judgment of conviction for the suspension of sentence on April 20, 2017.

(2016No1688). As the Plaintiff’s appeal was dismissed on June 29, 2017 by the Supreme Court (2017Do6831), the judgment of the relevant Gwangju District Court became final and conclusive on the same day.

(hereinafter referred to as the “instant criminal judgment”) D.

Meanwhile, the Defendant’s ground that on January 16, 2015, the Plaintiff constituted “a case where the Plaintiff had a non-medical person conduct medical practice as indicated in the instant criminal facts.”

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