요양급여비용 환수처분취소 청구의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as follows: “A sentence was pronounced” in Chapter 5, Chapter 10, Chapter 5, the first instance court’s ruling, and the appeal was dismissed (Seoul Northern District Court Decision 2015No1463, May 13, 2016). Except for the addition of the following judgments in Chapter 7, the following are as stated in the reasoning of the judgment of the first instance court. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act, the main text of Article 420 of the Civil Procedure Act.
2. The additional part of the Plaintiffs asserts that the instant disposition against the Plaintiffs to recover the total amount of medical care benefit is unlawful on the grounds that the Plaintiffs did not obtain unjust benefits even if they received medical care benefit costs by deceit or other unjust means, did not provide unjust treatment to the patients, or did not claim excessive medical care benefit costs. Some of the profits accrued through the operation of the hospital was donated to the social welfare fund, and the Plaintiffs also received only the minimum cost necessary for their livelihood among the revenues of the hospital of this case.
Article 57 (1) of the former National Health Insurance Act provides that the whole or part of the amount shall be collected in cases where insurance benefits are received by deceit or other unjust means. However, the purport of the disposition to recover the medical care benefit cost so that it is intended to restore the cost of health care benefit paid unfairly to the original state, barring any special circumstance, it is a principle to collect the total amount in principle, public interest needs to be strictly controlled and managed in order to promote the soundness of the finances of national health insurance and ensure operational transparency, and the costs of health care benefit paid to the Plaintiffs without the short period of time for claiming the medical care benefit cost