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(영문) 서울행정법원 2016.05.26 2015구합64084

요양급여비환수처분 취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On June 10, 2008, Plaintiff A opened and operated the F Hospital, a medical care institution, in Bupyeong-gu, Incheon, Bupyeong-gu, and on November 1, 2009, in Dobong-gu, Seoul, the H Hospital, a medical care institution, in G. 2) On August 10, 2006, Plaintiff B opened and operated the J Hospital, a medical care institution, in Yangcheon-gu, Seoul.

3) On September 8, 2010, Plaintiff C opened and operated a L Hospital, a medical care institution, in Gangseo-gu Seoul Metropolitan Government K. (4) From September 8, 2010 to October 2002, Plaintiff D operated the N Hospital, a medical care institution established in Yeonsu-gu Incheon Metropolitan City M.

B. On July 7, 2014, the public prosecutor of the Chuncheon District Public Prosecutor’s Office established the FS service personnel of each of the instant hospitals, including Plaintiff B, C, and D, and the staff of the O (O), an entrusted restaurant of each of the instant hospitals, in consultation with the terms and conditions of the entrustment contract for the operation of the premises cafeteria of each of the instant hospitals, and placed a dietitian, a dietitian, a cook, and a cook in the form of a hospital, who are necessary to receive additional dietitians, additional dues, and selective group additional dues from among the food insurance benefits of the in-patient in consultation with the entrustment contract for the operation of the premises cafeteria of each of the instant hospitals of the instant hospitals. The personnel expenses incurred by the hospital by registering the dietitian, a cook, and a cook registered under the jurisdiction of the hospital, shall be paid as management and maintenance expenses at the expense of the O, and a dietitian, a cook under the form of the hospital, and a cook was charged for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) or fraud.

C. According to the above investigation results, the defendant reported that the dietitians and cooks employed by the plaintiffs in each of the instant hospitals are human resources belonging to each of the instant hospitals, and it is a dietitians, cooks, and selective group.