Licensed Revocation of Hanui Doctor Using Unauthorized Medicine... Court Rules "Refusal to Reissue License is Justified"

The court ruled that the Ministry of Health and Welfare's decision not to reinstate the license of an oriental medicine doctor, whose license was revoked for charging high medical fees using unauthorized drugs and practicing medicine without a license, was justified.

According to the legal community on the 18th, the Administrative 14th Division of the Seoul Administrative Court (Chief Judge Song Gak-yeop) recently ruled against plaintiff A, an oriental medicine doctor, in a lawsuit filed against the Ministry of Health and Welfare seeking cancellation of the refusal to reissue a medical license after license revocation.

In 2018, A was sentenced by the court to two years in prison with a four-year probation and fined 5 million won for violating the Act on the Control of Health Crimes (illegal medical practitioner), and the verdict was finalized as is. In 2019, the Ministry of Health and Welfare revoked A’s oriental medicine license under the former Medical Service Act, which stipulates that receiving a prison sentence or higher for violating medical-related laws constitutes a disqualification for medical practitioners.

A applied for license reinstatement in 2022, but when the Ministry of Health and Welfare refused, A filed an administrative lawsuit.

The court sided with the Ministry of Health and Welfare. The court stated, “Nowhere in the laws related to license reinstatement is it stipulated that the decision process must go through a review by the Administrative Disciplinary Committee. Even if the specific review results of the Administrative Disciplinary Committee were not disclosed during the process of this case’s disposition, it cannot be said that there was any procedural illegality in this disposition.”

Furthermore, the court said, “The plaintiff charged high medical fees using unauthorized drugs and practiced medicine without a license, and especially led these crimes, which is very serious in nature. Considering the severity of these crimes, this disposition aligns with the purpose of the Medical Service Act.”

The court concluded, “It is difficult to view as unreasonable the defendant’s judgment that it is inappropriate to reissue a medical license to the plaintiff, who has repeatedly violated related laws, betrayed the mission as a medical practitioner, and committed acts harmful to the health and welfare of the public.”