요양급여비용 환수처분취소
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. The “B dental clinic” (hereinafter “instant clinic”) was established in the name of the Plaintiff Association around September 25, 2014 in Gangnam-gu Seoul Metropolitan Government (Seoul).
B. On January 26, 2017, the prosecutor of the Seoul Southern District Prosecutors’ Office (hereinafter “Seoul Southern District Prosecutors’ Office”) conspired with the Plaintiff Association without a dentist’s license while substantially operating the Plaintiff Association. D, in collusion with the E, received the payment from the E, and had the E establish and operate “G dental clinic” using the name of the Plaintiff Association in the name of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government. D, in collusion with the E, charged the Defendant with the charge of violating the Medical Service Act that received KRW 54,756,220 by claiming false costs for medical care benefits provided by the instant Youngwons’ member in violation of the Medical Service Act, and charged the Defendant with D and E with the charges of fraud.
(hereinafter “instant criminal case”). C.
On March 6, 2017, the Defendant issued a disposition to recover the above medical care benefit cost pursuant to Article 57(1) of the National Health Insurance Act, on the ground that “D, in the name of the Plaintiff Union established formally without a dentist’s license, employs dentists, etc. and establishes a clinic, etc. from September 25, 2014. From September 2014 to March 2017, the Plaintiff Union issued a disposition to recover the above medical care benefit cost pursuant to Article 57(1) of the National Health Insurance Act, on the ground that the Defendant, during the period from September 2014 to March 2017, 257,348,410 won (2,954,70 won 151,70 won 151,165,210 won, 83,228,500 won) was unjustly paid.”
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1-4, Eul’s evidence Nos. 1 and 2, and the purport of the entire pleadings
2. Whether the instant disposition is lawful
A. At the time of establishment of the Plaintiff Union’s assertion, the Plaintiff Union shall undergo an inaugural general meeting, etc. in accordance with the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”).