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(영문) 서울북부지방법원 2017.08.17 2017가합21668

손해배상(기)

Text

1. The Defendant’s KRW 311,778,560 for the Plaintiff and KRW 5% per annum from June 8, 2017 to August 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff is the founder of the medical institution E Hospital located in Dobong-gu Seoul Metropolitan Government, and the Defendant is the person who worked at the E Hospital as a nurse from July 11, 201 to September 9, 2013.

B. Notwithstanding the absence of a nurse license, the Defendant submitted the curriculum vitae to the E Hospital around July 201, along with the forged nurse license, and received the total of KRW 65,152,362 from the E Hospital during the period of employment.

The second disposition of recovery of the medical care benefit cost of KRW 45,696,160, the second disposition of recovery of the medical care benefit cost of KRW 5,88,950, the third disposition of recovery of the medical care benefit cost of KRW 63,812,670, the disposition of recovery of the medical care benefit cost of KRW 2,942,770, the aggregate of KRW 191,438,010, 309,778,560.

C. On September 2015, the National Health Insurance Corporation confirmed that the Defendant had worked without a nurse’s license while checking nursing workforce of the E hospital. Around September 2015, the National Health Insurance Corporation issued a redemption disposition of differential amounts of nursing care fees for inpatients according to the level of nursing workforce the Plaintiff paid as follows, 30 days business suspension, and penalty surcharges.

On March 18, 2016, the defendant was sentenced to imprisonment on March 18, 2016 and two years of suspended execution (Seoul Northern District Court 2016Kadan4761), and the above judgment became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 11, the purport of the whole pleadings

2. According to the reasoning of the judgment as to the cause of the claim, the Defendant’s tort committed the Defendant’s tort with respect to reimbursement of medical expenses, medical benefits expenses and penalty surcharges, and thus, the Defendant is liable to compensate the Plaintiff

However, 65,152,362 won equivalent to the wages paid to the defendant out of the amount claimed by the plaintiff as damages shall not be accepted as long as the defendant provided labor to the hospital in the status of nurse during the period of his/her employment, so long as the defendant provided labor to the hospital,

The defendant is a medical care benefit cost and medical care cost.