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TITLE Supreme Court Decision 2018Du44302 Decided October 25, 2018【Revocation of Disposition Rejecting Report of Opening of Medical Institution】 [full Text]
Summary
[1] Purport of the Medical Service Act that separates the permit system and the reporting system depending on the type of medical institution
In a case where a person seeking to open a mental health clinic satisfies the necessary requirements stipulated by law and reports the establishment of said clinic, whether an administrative agency may reject such report citing grounds other than the statutory requirements (affirmative)
[2] Whether regulating the establishment of mental health clinics based on the reporting system, unlike the establishment of mental hospitals, etc. that are regulated according to the permit system under Article 19(1) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and the Medical Service Act, contravenes the principle of equity and the State’s duty of protecting fundamental rights under the Constitution (affirmative)
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