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(영문) 서울고등법원 2020.12.18 2020누46860
자격정지처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance, except for the modification of a part of the judgment of the court of first instance by emphasizing the Plaintiff as the grounds for appeal or reflecting the newly asserted, thereby citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and

(1) The grounds for appeal by the Plaintiff are not significantly different from the allegations in the first instance court, and even if the evidence submitted in the first instance court and the allegations by the parties are examined, the first instance court’s dismissal of the Plaintiff’s primary claim and dismissal of the conjunctive claim are deemed legitimate). The following is added between the 7th and 9th and 10th, the first instance court’s decision

[1] (1) First, the Plaintiff’s assertion to the effect that “i.e., the Plaintiff was partly assisted by G due to economic difficulties, and the Plaintiff was led by opening and operating the instant member, and thus cannot be deemed to have been established by a non-medical person. As such, the Plaintiff’s assertion to the effect that the instant member cannot be deemed to have been established by a non-medical person is examined. The same applies to the former Medical Service Act (amended by Act

) A person, other than a medical person, medical corporation, or non-profit corporation, etc. (hereinafter referred to as “non-medical person”) under Article 33(2).

The purpose of Article 87 (1) 2 is to establish a sound medical order by strictly limiting the qualification for establishing a medical institution to medical personnel or a person with a public character, and to prevent in advance the risks of national health that may occur in the event of establishing a medical institution for profit-making purposes.

Whether the act of establishing a medical institution by agreement between a non-medical person and a medical person constitutes the act of establishing a non-medical institution prohibited by the Medical Service Act.

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