요양급여비용 지급보류처분 및 환수결정처분 취소
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was a juristic person established on May 18, 2006, and operated on June 25, 2013 by December 23, 2014, changing the name B oriental medical hospitals (hereinafter “the instant oriental medical hospital”) into “the instant oriental medical hospital,” and “the instant convalescent hospital and each of the instant convalescent hospitals,” respectively, by October 31, 2016, while opening and operating the medical corporation E (hereinafter “the instant medical corporation”).
B. On August 4, 2016, the Defendant requested the Jeonju Police Station to investigate the suspected violation of the Medical Service Act by the Plaintiff and each of the instant hospitals, and received the results of the investigation from the head of the Jeonju Police Station regarding F, the Plaintiff, and each of the instant hospitals, the Plaintiff’s director, and the instant hospitals, and the suspected violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as follows.
Main contents: Case number 2016-3072 is known to be the subjects of the case under the Medical Service Act(2016-3072).
Criminal facts
The suspect (F) as of September 12, 2012, transferred the Plaintiff from G to his former president, thereby having the corporate representative H as his father. The suspect himself is a person who, while serving as the head of the planning office, is engaged in the business of finance, such as the receipt of hospital revenues and medical skills, the purchase of employees, and the payment of wages, etc. of each of the instant hospitals.
No person, other than a medical doctor, oriental medical doctor, medical corporation, etc., may establish a medical institution, and no person shall establish a medical institution under his/her name by investing necessary funds by the general public who is not qualified for medical personnel, and employing qualified medical personnel.
While the suspect F found the method of establishing and operating a medical institution even though he is a non-medical person without qualification, he was aware that the acquisition by transfer of the corporation would operate the affiliated medical institution.
A suspect will I by using the name of the plaintiff around June 25, 2013.