진료비용환수처분취소
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The Plaintiffs are herb doctors or medical corporations operating one Council member, and the Defendant is a public corporation that is entrusted with the duties of examining and coordinating motor vehicle insurance medical fees by an insurance company, etc. pursuant to Article 12-2(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Guarantee Act”) and Article 11-2 of the Enforcement Decree of the same Act and carries out such duties from July 1, 2013.
The plaintiffs have provided medical treatment to the victims of traffic accidents as necessary, and they have been prepared using fral facilities operated by the Korea Pharmaceutical Association.
The Defendant notified the Plaintiffs of the result of the review on the redemption of motor vehicle insurance medical fees claimed and received by the Plaintiffs, from June 2014 to July 2014, as to the medical fees claimed and received by the Plaintiffs, respectively.
(1) The plaintiffs asserted that the notice of this case was unilaterally decided by the defendant in a superior position, and that it constitutes an administrative disposition that is subject to appeal litigation, since it is not possible to dispute the validity of the notice of this case, the notification date of this case and the amount of reduction amount by plaintiff shall be the same as the details of the notice of collection in attached Form 2). [The grounds for recognition] The facts that there is no dispute, and the purport of the whole statement of evidence Nos. 1 and 2 (including a serial number) and the purport of the whole argument of this case.
In regard to this, the Defendant’s determination of the motor vehicle insurance medical fees claimed by the Plaintiffs under the Special Act on Self-Helping, which was entrusted by the insurance company, etc. under the Civil Act, is merely a notification of this case, and thus, the notification of this case is not an administrative disposition. Thus, the Defendant’s assertion to the effect
The details of the relevant Acts and subordinate statutes are as shown in the attached statutes.
Judgment
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