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(영문) 대구지방법원 2017.03.31 2015구합22532

부당이득금 환수결정처분 취소

Text

1. On April 1, 2015, the Defendant rendered a decision on restitution of unjust enrichment of KRW 646,906,330 to the Plaintiffs.

Reasons

1. Details of the disposition;

A. The plaintiffs are all doctors.

B. On April 24, 2012, Plaintiff A established a hospital with the name of “D Hospital” (hereinafter “instant hospital”) using the specialized department in Daegu Seo-gu under its own name as the name of the Daegu-gu medical department, neology, home medicine, film medicine, internal medicine, anesthesia, and anesthesia, and obtained permission for the establishment of the instant hospital from the head of the Seo-gu Seoul Metropolitan City public health clinic.

C. From April 2012, Plaintiff B served as a salary doctor at the instant hospital from around April 2012, and changed the name of the founder of the instant hospital on September 14, 2012 in his/her name.

Plaintiff

A was prosecuted for committing an offense against Article 33(8) of the Medical Service Act by establishing and operating the instant hospital in the name of the Plaintiff during the period from September 21, 2012 to November 20, 2013, and was found guilty by a judgment on April 15, 2014. The appeal was dismissed on September 18, 2014 (Seoul District Court 2014No1391) and the final appeal was pending in the final appeal (Supreme Court 2014Do13175).

E. On April 1, 2015, the Defendant issued a disposition to recover unjust enrichment (hereinafter “instant disposition”) to the effect that the instant hospital was established and operated in violation of Article 33(8) of the Medical Service Act, on the ground that the instant hospital constituted “medical institution that received medical benefits costs in an unjust manner” as prescribed by Article 23(1) of the Medical Care Assistance Act, and that the instant hospital jointly pays 646,906,330 won for medical benefits received by the instant hospital (hereinafter “instant disposition”).

The main contents of the instant disposition are as follows. A.

Grounds for Disposition - Article 33(8) of the Medical Service Act, Article 23 (Collection of Unjust Enrichment) of the Medical Care Assistance Act, Article 741 (Definition of Unjust Enrichment) and Article 750 (Definition of Unlawful Act) of the Civil Act

(b) Details of violation: more than one result of the investigation of the Daegu District Prosecutors' Office and the Western District Office;