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(영문) 부산지방법원동부지원 2020.05.27 2019가합108038

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A and B jointly share KRW 18,192,960 and their related thereto from November 23, 2012 to April 28, 2020.

Reasons

1. Basic facts

A. Under Article 10 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), the Plaintiff is a special corporation established on May 1, 1995 for the purpose of contributing to the protection of workers after being entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor.

The Defendants are those who participated in the establishment and operation of the E-Cvalescent or F Hospital (hereinafter collectively referred to as “the combination”), and Defendant A and D are doctors, and the rest of the Defendants are non-medical persons.

B. The president of the hospital E is the defendant A, and the F Hospital was established under the name of the defendant D, but each of the above hospitals was actually operated by the defendant B, C, etc. as shown below (attached Table 1).

A from October 1 to January 31, 2008, to January 31, 2010, and C from February 1, 2010 to July 17, 2014, the actual operator who is the title holder of the target period 1 E in the medical care hospital D [Attachment 1: the actual operator of each of the instant hospitals]

C. The Defendants operated each of the instant hospitals and received medical care benefits from the Plaintiff.

The Plaintiff may not establish a medical institution on June 2015, unless he/she falls under any of the following subparagraphs (Article 33 and 33 (Establishment, etc.) of the Medical Service Act.

In such cases, a medical doctor may establish a general hospital, hospital, convalescent or medical clinic, a dentist may establish a dental hospital or dental clinic, an oriental medical doctor may establish a oriental medical hospital, convalescent hospital or oriental medical clinic, and a midwife may establish a midwifery clinic only.

1. A doctor, a dentist, a herb doctor, or a midwife;

2. The State or local governments;

3. A corporation established for the purpose of rendering medical services;

4. Nonprofit corporations established under the Civil Act or special Acts;

5. The requirements for the designation of an industrial accident insurance-related medical institution under Article 43 of the Industrial Accident Insurance Act, as a quasi-governmental institution under the Act on the Management of Public Institutions, a local medical center under the Act on the Establishment and Operation of Local Medical Centers, or a hospital of the Korea Veterans Welfare and Healthcare Corporation under the Korea Veterans Welfare