1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The plaintiff operates a medical institution (hereinafter referred to as the "instant member") with the trade name "D Council member" in the members B and C of Ansan-si.

On December 14, 2018, the E organization attached a sign "D sexual surgery" to the director of the public health clinic of the Seocho-gu, Ansan-si, Public Health Center of the Republic of Korea, even though the Plaintiff is not a sexual surgery specialist, ② lists the personal history of the Representative Director, and simultaneously states the personal history of the “D sexual surgery” which does not exist at the same time, and makes the Plaintiff misunderstands as if he/she completed the process of sexual surgery using the name of “D sexual surgery” on the website.

On April 10, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 22,50,000 in lieu of two months of business suspension (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 56(2)9 of the former Medical Service Act (amended by Act No. 16375, Apr. 23, 2019; hereinafter “Medical Service Act”).

The Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission against the instant disposition, but the Plaintiff’s appeal was dismissed on August 19, 2019.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 8, and the purport of the whole pleadings as to the validity of the disposition of this case as to whether the disposition of this case was legitimate or not, and thus, the disposition of this case is unlawful because it is unclear and unclear in itself.

The Plaintiff’s act of advertising in this case is merely a maximum of 199 visitors per day on the Internet homepage of the instant member, and it shall undergo deliberation pursuant to Article 57 of the Medical Service Act.