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(영문) 서울고등법원 2019.11.22 2019누45809

업무정지처분취소

Text

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.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance, and thus, it is recognized in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

The 4th 5th 5th am "the amount equivalent to 21,661,480 won" shall be "the amount equivalent to the relevant examination fees".

10. The following shall be added to 3 pages:

Article 70(1) [Attachment 5] 4 of the former Enforcement Decree of the National Health Insurance Act provides that “The period of suspension of business may be reduced by up to 1/2 of the period of suspension of business taking into account the motive, purpose, degree of violation, frequency of violation, etc.” However, considering the circumstances, contents, etc. of each disposition of this case, it is difficult to deem that there are circumstances to reduce

(A) Even if there is a circumstance to reduce the period of suspension of business to the Plaintiff, if the Defendant Corporation uses a fraudulent act to reduce the period of suspension of business, it is not possible to reduce the period of suspension of business, but each of the instant disposition causes for the Defendant Corporation to bear the costs of medical care benefits by using a fraudulent act, and thus it is not possible to reduce the period of suspension of business. The Plaintiff’s assertion that “the Plaintiff’s assertion above the Plaintiff’s assertion is without merit without any need to review any further.”

Even if the recovery disposition of this case is a discretionary act, the above D.

Considering the circumstances in this subsection, it is difficult to deem that the instant restitution disposition was an abuse of discretion.

"Ero-friendly".

2. As such, the plaintiff's claim of this case is dismissed in its entirety as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.