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(영문) 수원지방법원 2019.11.14 2019구합65109

의료급여 부당이득금 부과처분 취소

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1. On February 20, 2019, the Defendant’s medical care institution’s unjust enrichment amounting to KRW 4,611,239,720 against the Plaintiff.

Reasons

1. Details of the disposition;

A. A medical corporation B (hereinafter “B”) was established and operated around June 2007, and around September 23, 2008, a medical corporation established and operated a “D Hospital” in Ansan-si, A.

The Plaintiff is in office as a representative from May 24, 2017 to B.

(B) The first representative of the E was the E. The latter representative was changed to F on August 21, 2009, November 20, 2013, G, H on December 9, 2014, H on April 12, 2016, I, and J on October 4, 2016, and changed to the Plaintiff on May 24, 2017.

On November 2018, the Commissioner of the Gyeonggi-do Southern Police Agency established a medical institution without a doctor, dentist, herb doctor, midwife, midwife, State, local government, medical corporation, etc. (hereinafter “doctors, etc.”) as a result of the investigation into D Hospital around November 2018: L, the representative of K Co., Ltd., contracted construction of D Hospital from B (representative E) around July 2008 and performed construction work; the construction cost of KRW 3.55 billion was not paid; the said construction cost was converted to B’s investment amount; thereafter securing 2/3 shares of B; from around August 2008, the said construction cost was transferred to B; and thereafter, the patient was treated by opening D Hospital and operating it (the above E was abandoned the operation of D Hospital and the actual owner of D Hospital was not the actual owner of the D Hospital, etc.). Moreover, from around 208 to 208, the National Health Insurance Corporation was duly notified of the total amount of health care benefit cost of the Korea Health Insurance Corporation from 2008.5.68.

On January 10, 2019, Gyeonggi-do, upon the direction of the Ministry of Health and Welfare, sent to the defendant the details of the subject of restitution of unjust enrichment for the D Hospital (Office Hospital), which is an institution providing medical benefits in violation of the standards for establishment.

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