File Number: Den12/231P
Practitioner: Choonsik Moon
Hearing Start Date:
Hearing End Date:
Practising while suspended from practising (Established)
The PCC appealed the decision of the Tribunal to defer its order of suspension. The Practitioner cross-appealed the Tribunal's penalty decision. The High Court allowed the appeal by the PCC and quashed the order to defer suspension and quashed the order to suspend. The practitioner's appeal was dismissed. (Moon v Professional Conduct Committee (High Court, CIV-2013-404-003245  NZHC 189, Ellis J))
Precis of Decision:
On 20 March 2013 the Health Practitioners Disciplinary Tribunal considered a charge laid by a Professional Conduct Committee against Dr Choonsik Moon, Dentist of Auckland (the Dentist).
The charge alleged that the Dentist practised without a practising certificate between 26 April and 08 May 2012 when his registration had been suspended by the Dental Council.
The Dentist admitted the charge and the Tribual found that the charge was established. The Tribunal noted that due to the circumstances surrounding suspension, it was malpractice and negligience for the Dentist to resume practice before his suspension was lifted and to do so, brought discredit to the dental profession.
The Tribunal censured the Dentist and ordered that he pay a fine of $5,000 and that he be suspended for 1 year if a number of conditions were not met. The Tribunal ordered the Dentist to pay a total of $5,000 towards the costs of the Tribunal and directed publication of its decision and a summary.
The PCC subsequently appealed the "suspended suspension" penalty and the Dentist cross appealed the fine and costs. The Court ruled that the Tribunal did not have the power to impose a "suspended suspension" penalty and quashed that aspect of the penalty. The Dentist's cross appeal was dismissed. The censure, the fine, costs and conditions on practise all stand.