포상금지급거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 25, 2014, the Plaintiff filed a report on the violation of the Medical Service Act (hereinafter “instant violation”) with the Busan District Police Station, on the following grounds: (a) the president D (the Plaintiff and his/her name) of the “C regularly Foreign Service Center” located in Seo-gu, Daegu-gu (hereinafter referred to as the “Plaintiff and his/her name) performed an operation for a 49 times with the medical term sales business operator; and (b) E (a) borrowed a license from another oriental medical doctor; and (c) filed a report on the violation of the instant Medical Service Act (hereinafter referred to as “Fvalescent”) with the Defendant on August 26, 2016.
B. Accordingly, on September 5, 2016, the Defendant’s Daegu Regional Headquarters notified the Plaintiff of a civil petition reply to the effect that “the Plaintiff did not first report the instant violation to the Defendant, but is not eligible for a monetary reward because it was a recovery decision made according to the investigation result by a judicial authority.”
(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, entry of Gap’s 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. Since the Plaintiff’s assertion that the Defendant could have collected unjust enrichment against D, etc. was due to the Plaintiff’s filing a report on the instant violation with the police, it shall be deemed that the Plaintiff’s report to the police was the same as the Plaintiff’s report to the Defendant. As long as the Plaintiff submitted a written request for payment of monetary rewards to the Defendant on August 26, 2016 and filed a new report on the instant violation, the Defendant shall pay
Therefore, the instant disposition is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. First, we examine whether the Plaintiff’s reporting of the instant violation to the Busan Police Station constitutes a person eligible for a monetary reward.
Article 104 (1) of the National Health Insurance Act applies to a person who reports a medical care institution that has received insurance benefit costs by deceit or other unjust means.