beta
(영문) 서울행정법원 2016.08.18 2015구합58652

보험약가인하처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a company established on September 1, 1983 and engaged in the manufacture, distribution, etc. of drugs.

B (the head of the headquarters of the plaintiff's general headquarters) was in charge of overall affairs such as sales of drugs to customers such as general hospitals, clinics, general hospitals, pharmacies, etc.

B. On September 17, 2013, B received a summary order for committing a crime in violation of the Pharmaceutical Affairs Act (Seoul Central District Court 2013 High Court 2013 High Court 23516), and the summary order was finalized on October 29, 2013 (hereinafter “instant summary order”); and on September 13, 2013, the Plaintiff was subject to a disposition of suspension of indictment by the prosecutor of the Seoul Central District Prosecutors’ Office.

Meanwhile, the Plaintiff and B were suspected of having been subject to the investigation on the alleged violation of the Pharmaceutical Affairs Act with respect to 16 medical care institutions among the total 52 medical care institutions that were included in the original investigation.

B, for the purpose of sales promotion, such as adoption of 10% of the “C” 20 meters, which is a prescription drug manufactured and sold by the Plaintiff, the Plaintiff offered economic benefits to medical personnel, etc. by offering 10-50% of the pharmaceutical price to medical personnel, etc. in sequence with the Plaintiff’s employees.

B: (a) On January 28, 201, in E Hospital located in Seocheon-gu, Seocheon-gu, Seoul; (b) through F, the Plaintiff’s business employees, supplied a doctor G with KRW 785,000 “H0.5%” for the purpose of sales promotion, such as adoption of medicines manufactured and sold by the Plaintiff; and (c) provided a doctor G with economic benefit equivalent to KRW 157,000,000, in total, by means of crediting 20% of the delivery price; and (d) in collusion with the Plaintiff’s business employees from November 29, 2010 to March 31, 201, the Plaintiff provided a medical personnel, etc. with an economic benefit equivalent to KRW 136,256,244, total sum of drugs manufactured and sold by the Plaintiff for the purpose of sales promotion, such as inducement for adoption and release of medicines manufactured and sold by the Plaintiff.

C. Accordingly, the defendant is the old national health insurance.

참조조문