醫師證書廢止懲戒案：醫師懲戒與行政處罰之差異【學習式判解評析】 試閱
Case about Sanction Revocating Physician Difference from Physician Discipline and Administrative Penalty
2002年1月16日修正公布施行之醫師法，將醫師之懲處明確區分為由醫師戒委員會負責之醫師懲戒以及由主管機關負責之行政處罰。兩者構成要件、責任要件各有不同，組織與程序亦有所差異。本文透過最高行政法院111年度上字第772號判決之介紹與評析，說明在具體案例中如何適用兩種不同之醫師懲處類型。
The revised Physician Act, which was promulgated and implemented on January 16, 2002, clearly distinguishes between physician discipline, which is handled by the Physician Discipline Committee, and administrative penalties, which are handled by the competent authority. The two have different constituent elements and liability requirements, and their organization and procedures are also different. This article introduces and analyze the Supreme Administrative Court’s judgment No. 772 of 2022 to explain how to apply two different types of physician penalties in specific cases.
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