부당이득금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs are those who establish and operate a health insurance medical care institution, and the Plaintiffs are designated as a free health examination institution.
B. The Plaintiffs conducted general medical examinations, life transition medical examinations, infant and child examinations, and cancer checkups for the patients. On the day of health examinations, the Plaintiffs provided medical treatment for other diseases on the same day, and was paid by Defendant National Health Insurance Corporation as medical care benefit costs for medical treatment of other diseases.
C. The Defendant National Health Insurance Corporation (hereinafter “National Health Insurance Act”) notified the Plaintiffs that the medical checkup conducted medical examinations recover medical care benefit costs of KRW 151,249,60 in total with respect to medical care benefit costs claimed by the Plaintiffs pursuant to Article 52(1) of the former National Health Insurance Act (amended by Act No. 9932, Jan. 18, 2010; hereinafter “National Health Insurance Act”), and collected KRW 148,067,790 in total, when the medical checkup conducted medical examination and treatment for an abnormal and existing disease on the day of the health examination, without separately claiming medical care benefit costs.
(hereinafter “instant restitution disposition”). The detailed details are as shown in the list of the status of dispositions and restitution by Plaintiff (Medical Care Institution) and the detailed list of restitution by Plaintiff.
Meanwhile, Defendant Republic of Korea, based on the above restitution disposition against Plaintiff I and K, deemed that Plaintiff I and K received insurance benefit costs by fraud or other improper means pursuant to Article 85-2 of the National Health Insurance Act, and in lieu of the disposition of business suspension, Defendant ROK received penalty surcharge of KRW 22,452,60 against Plaintiff K around April 2007, and Plaintiff I around November 2007.