요양급여비용환수결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details and details of the disposition;
A. On December 18, 2007, the Plaintiff and the doctor established and operated a “Dvalescent Hospital” (hereinafter “instant hospital”) in the name of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
B. On February 3, 2015, the chief prosecutor of the Seoul Central District Prosecutor’s Office issued the Defendant “Notification of a crime related to authorization and permission” with the content that “the Plaintiff, etc. was indicted for the following criminal facts (hereinafter “instant criminal facts”) on January 30, 2015.”
1. Establishment and operation of a convalescent hospital in Defendant A and B;
A. Pursuant to Article 87(1)2 and Article 33(2) of the Medical Service Act, Defendant A and the doctor, who are not medical personnel, are jointly invested in the establishment and operation of the D Hospital under the name of the doctor E in Seodaemun-gu Seoul. Around December 2, 2007, Defendant B and conspired to jointly operate the D Hospital under the name of Defendant B.
On December 18, 2007, the Defendants reported the establishment of a medical institution under the name of Defendant B using the staff and medical facilities of the hospital in the Seodaemun-gu Public Health Center as they were, and thereafter, from that time, around August 31, 2014, Defendant B was in charge of the management of medical services, including patient treatment, and Defendant A was in charge of administrative affairs, employment of employees, cash receipt and disbursements, and attraction of patients.
(In the process, the name of the hospital was changed to a D convalescent hospital). Accordingly, Defendant A and Defendant B, who is not a medical personnel, conspired with the medical personnel, and opened a D convalescent hospital, which is a medical institution, from December 18, 2007 to August 31, 2014.
B. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) treat patients from December 18, 2007 to August 31, 2014, including Defendant B, and doctors working in the foregoing hospital. Defendant A claimed the payment of medical care benefit costs therefor, thereby deceiving the National Health Insurance Corporation of the victim as if the above hospital was a medical care institution duly established under the Medical Service Act, and its affiliated position is attached to the victim.