醫院設立中止之勸告是否具處分效力【寰宇醫事裁判】 試閱
Whether the Hospital's Advice of Discontinuance has a Sanction Effect
原告私立醫療法人X欲於香川縣觀音寺市設立新醫院，卻遭被告香川縣Y以不符香川縣保健醫療計畫之病床數分配，而勸告X中止設立；X不服Y之設立中止勸告而仍要求其許可設立、撤銷勸告，惟Y在香川縣健康福祉部長署名之設立許可處分書中，告知X若不服從勸告則將影響其為保險醫療機構之指定。嗣後，X分別就中止勸告與許可處分書提起確認無效之訴。法院認為，本件勸告具處分性質且於程序上無違法，且醫療法並未規定私人醫療機構的申請將優先於公共醫療機構，因此不能以病床數已優先分配給公立億元而拒絕X之申請，最後本件勸告雖不適用行政手續法第8條，但屬於不利益處分應提供理由。
Plaintiff X, a private medical corporation, wanted to establish a new hospital in Kannonji City, Kagawa Prefecture, but was advised by defendant Y, the Kagawa Prefectural Government, to discontinue the establishment of the hospital because it didn’t comply with the allocation of beds under the Kagawa Prefectural Health and Medical Program; X refused to accept Y’s advice to discontinue the establishment of a new hospital and requested Y to permit the establishment of a new hospital and to revoke the advice. However, in a letter of approval signed by the Minister of Health and Welfare of Kagawa Prefecture, Y informed X that failure to comply with the advice would affect its designation as an insured medical organization. Subsequently, X filed an appeal seeking a declaration that the suspension of the advice and license was invalid. The court held that the advice was dispositive in nature and not procedurally unlawful, and that the Medical Act didn’t provide for private healthcare organizations to take precedence over public healthcare organizations. Therefore, X’s application could not be rejected because the number of beds had already been prioritized for allocation to the public sector. Although the final decision didn’t fall under Paragraph 8 of the Administrative Procedure Act, it was a disinterested sanction that should be reasonably justified.
106-113
