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(영문) 서울행정법원 2016.10.13 2016구합57557

의사면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

From March 26, 1998, the Plaintiff established and operated a “C Council member,” which is a medical institution, from around December 26, 1998, and after closing the C Council member, established and operated the “D Council member,” which is a medical institution, at the same place.

On May 15, 2008, the Defendant rendered a “three months of qualification suspension” disposition against the Plaintiff on the ground that “the Plaintiff prepared and issued a false medical certificate,” and the disposition was executed from November 21, 2008 to November 30, 2008 and from June 18, 2009 to September 7, 2009, respectively.

On December 7, 2012, the head of the Nam-gu Incheon Metropolitan City Public Health Center received notification from the Incheon Local Police Agency that “the Plaintiff provided medical treatment during the suspension period of qualification for a doctor’s license, filed a false claim for medical expenses, and received medical care expenses from the National Health Insurance Corporation, and sent them as a result of the prosecution.” On December 7, 2012, the head of the Dong-gu Incheon Metropolitan City Public Health Center

On August 14, 2013, the Plaintiff was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for the following criminal facts of fraud.

(In Incheon District Court 2013 High Court 2013 High Court 2158). The plaintiff filed an appeal and appeal against it, but all of them were dismissed, and the judgment became final and conclusive around May 9, 2014.

On February 1, 2007, the Plaintiff prepared and submitted to the National Health Insurance Corporation a false statement of medical care expenses equivalent to KRW 110,000,00, such as inspection fees for 4-day of 5,030, the main feed of 16,740, diagnosis fees, 4,360, and the diagnosis fees for 110,000, while the Plaintiff received 110,000 won from the National Health Insurance Corporation as medical care expenses on March 11, 2007, and then acquired 172 times in total from around that time to March 16, 201 by receiving 51,410,540 won from the National Health Insurance Corporation as medical care expenses for 172 times in total as medical care expenses.

The plaintiff is within C Council members around March 2009.