요양급여비용 환수처분 취소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. From November 1, 2011 to June 13, 2013, Plaintiff A, an oriental medical doctor, established a “D Hospital” in Gangdong-gu Seoul Metropolitan Government under his name (hereinafter “instant hospital”) and performed medical practice at the instant hospital. Plaintiff B, an oriental medical doctor, established the instant hospital in his/her name from June 14, 201 to June 13, 201, and performed medical practice at the instant hospital.
B. On December 2, 2014, the Defendant issued a disposition to recover KRW 238,254,820 (the part paid in relation to the medical treatment provided at the instant hospital from August 2, 2012 to June 13, 2013) from the Plaintiff on the ground that “E violated Article 4(2) of the Medical Service Act by establishing and operating the instant hospital under the name of the Plaintiffs,” and to recover KRW 401,690,300 (the part paid from July 25, 2013 to August 26, 2014) from the Plaintiff.
(hereinafter referred to as “the disposition of recovery of medical care benefit costs against the plaintiffs,” in this case C.
On December 3, 2014, the Plaintiffs filed an objection against the instant disposition with the Defendant, but the Defendant dismissed the Plaintiffs’ objection on January 28, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiffs' assertion 1) The purpose of Article 4 (2) of the Medical Service Act is to prevent medical personnel from opening a medical institution at many places with a license of another medical personnel.
Even if the plaintiffs lent their names to E, they did not violate Article 4(2) of the Medical Service Act since they established and operated only the instant hospital.
In addition, before Article 4 (2) of the Medical Service Act is newly established, E lent the name of the plaintiff A to establish and operate the instant hospital.