업무정지등처분취소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the entry of this case by the court of first instance concerning this case are as follows: (a) the court of first instance shall dismiss “this court” in the 10th sentence 7th sentence of the court of first instance as “court of the first instance”; and (b) the 12th sentence 8th to 13th sentence 10th sentence as “court of the first instance”; and (c) the reasoning for the judgment of the first instance is the same as the stated in the reasoning for the judgment of the first instance; and (d) this shall be cited in accordance with
2) Article 57(1) of the former National Health Insurance Act provides that “The Corporation shall collect all or part of the amount equivalent to the expenses for the insurance benefits or the expenses for the insurance benefits from a person who received the insurance benefits or a medical care institution that received the insurance benefits by deceit or other fraudulent means,” and Article 23(1) of the Medical Care Assistance Act provides that “the head of a Si/Gun/Gu shall collect all or part of the amount equivalent to the benefits or the expenses for benefits from a person who received the medical benefits or a medical care institution that received the expenses for benefits by deceit or other fraudulent means, as unjust enrichment.” Thus, it is reasonable to deem that the Defendant has discretion
(see Supreme Court Decision 2018Du40010, Jul. 12, 2018). Therefore, the Defendant determined an appropriate amount of collection depending on the case, comprehensively taking into account various factors, such as the individual circumstance of the offender of the situation punished by other Acts due to a violation of the scope of the offense, or the degree of social criticism, and the size of illegal gains acquired from the violation. As such, the restitution disposition and collection disposition of the instant case constitute discretionary act.
B. Whether a punitive administrative disposition, whether or not a deviation or abuse of discretionary power, is beyond the scope of discretionary power under the social norms, is to be achieved by the content of the act of disposal in question.