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(영문) 서울행정법원 2016.05.26 2014구합70570

요양급여비용 환수처분취소 등

Text

1. The Defendant’s refusal to pay the Plaintiff KRW 211,278,540, which was July 28, 2014, against the Plaintiff, was limited to September 30, 2014.

Reasons

1. Details of the disposition;

A. The “C Hospital” located in Incheon Strengthening Group B (hereinafter “instant hospital”) was established in the name of the Plaintiff on May 23, 2013.

B. On July 28, 2014, the chief of the Incheon Reinforcement Police Station notified the Defendant of the investigation results containing the following (hereinafter “instant investigation results notification”).

Criminal facts

Plaintiff, D, E, F, G, H, I, and J’s co-principal conduct

C. From May 23, 2013 to March 14, 2014, the suspects of violation of the Medical Service Act due to the solicitation of patients providing convenience committed a violation of Article 88 and Article 27(3) of the Medical Service Act by having the Plaintiff and the actual owner of the instant hospital hospitalized 87 persons, including the homeless, into the instant hospital, including E, I, G, F, and H, and paying KRW 80,000 per month for the purpose of profit-making.

Plaintiff, D, and K’s joint criminal conduct

A. D, a doctor who operates a medical institution in violation of the Medical Service Act due to the double establishment and operation of a medical institution, violated Article 87(1)2 and Article 33(8) and (2)1 of the Medical Service Act by lending the name of the Plaintiff from May 23, 2013 to March 14, 2014 on the condition that the Plaintiff would be paid a certain amount monthly remuneration.

C. On August 8, 2014, the Defendant refused to pay the Plaintiff medical expenses for the instant hospital from July 28, 2014 on the ground of the instant investigation result notification, and notified the Plaintiff of the refusal to pay KRW 211,278,540 as to the medical care benefit cost for June 2014 applied by the instant hospital.

(hereinafter “instant refusal disposition”) D.

In accordance with Article 57(1) of the National Health Insurance Act, the Defendant notified the Plaintiff of the decision on the recovery of medical care benefit costs of KRW 1,926,09,560 in total that the instant hospital paid for the medical care benefit from May 23, 2013 to May 31, 2014 (hereinafter “the first restitution disposition”), and ② August 10, 2015, the instant hospital notified the Plaintiff of the decision on the recovery of medical care benefit costs of KRW 1,926,09,560 (hereinafter “instant first restitution disposition”); and ② August 10, 2015.