요양급여비용환수결정취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court determined that the Defendant’s act of claiming and receiving medical care benefit expenses from the instant hospital constitutes “a case where the Plaintiff received medical care benefit expenses by fraud or other improper means,” under Article 57(1) of the National Health Insurance Act, on the ground that the Plaintiff’s act of borrowing the name from the instant association, which is a formally established medical corporation, constitutes “title lending” under Article 57(2)1 of the National Health Insurance Act even if the Plaintiff, who was not qualified to establish a medical institution, constitutes “a case where the Plaintiff received medical care benefit expenses by fraud or other improper means” under Article 57(2)1 of the National Health Insurance Act, on the ground that it cannot be deemed that the instant hospital established under the name of the instant association cannot be deemed a medical institution lawfully established under the Medical Service Act, and thus, constitutes “a case where the Plaintiff received medical care benefit expenses by fraud or other improper means” under Article 57(1) of the National Health Insurance Act.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the above judgment of the court below is justifiable.
In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding “a person who establishes and operates a medical institution by borrowing the name of the medical corporation, etc.” under Article 57(1) of the National Health Insurance Act or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.
Although the Plaintiff asserts that the disposition of this case was an abuse of discretionary authority, it cannot be a legitimate ground for appeal as it first raised in the final appeal.
Therefore, the appeal is dismissed.