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(영문) 서울행정법원 2015.05.21 2014구합64605

진료수가삭감처분취소

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1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs are herb doctors or medical corporations operating one Council member as one Council member.

B. The Plaintiffs have been providing medical treatment to the victims of traffic accidents as necessary, and have been preparing drugs necessary for pharmacological surgery using fungcul facilities operated by the Korea Pharmaceutical Association (Korea Pharmaceutical Association).

C. The Defendant notified the Plaintiffs of the result of the review that the amount of reduction in the column of “the amount of reduction” in the same list on the date indicated in the “date of notification” column of the same list as to the motor vehicle insurance medical fees claimed after the Plaintiffs performed pharmacological to the patients listed in the “name of the patient” column in the annexed list

(hereinafter referred to as "the notice of this case"). 【The grounds for recognition ] The fact that there is no dispute, Gap evidence 1 through 23, Eul evidence 3, and the purport of the whole pleadings.

2. Determination as to the legitimacy of the instant lawsuit

A. Under Article 12-2(1) of the Guarantee of Automobile Accident Compensation Act, which is a special law under the Civil Act (hereinafter “The Automobile Accident Compensation Act”), and Article 11-2 of the Enforcement Decree of the Automobile Accident Compensation Act, the Defendant examined the motor vehicle insurance medical fees claimed by the Plaintiffs upon entrustment by the insurance companies, etc., and notified the results of the examination to the instant notification. Thus, the instant notification does not constitute an administrative disposition subject to revocation litigation under the Administrative Litigation Act

Therefore, all of the plaintiffs' lawsuits are unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In light of the following circumstances, the facts acknowledged prior to the determination and the contents of the relevant laws and regulations, etc., the instant notification cannot be deemed as an administrative disposition subject to the revocation lawsuit, and thus, the Defendant’s main defense to the safety is with merit.

According to Article 2 subparag. 7, Articles 3, 10(1), 12(1), 2(2), and 12(4) of the Automobile Loss Act, an insurance company, etc. has treated patients suffering from traffic accidents.