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(영문) 서울행정법원 2018.02.08 2017구합71994

요양급여비용지급청구의 소

Text

The defendant's KRW 168,460,085 to the plaintiff and 5% per annum from November 28, 2009 to February 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a school juristic person that establishes and operates a medical care institution under the National Health Insurance Act, which is a medical care institution under the Medical Care Assistance Act, a medical care institution under the National Health Insurance Act (hereinafter “instant hospital”).

B. The winners indicated in the name column of the attached Table No. 2 (hereinafter “the instant winners”) paid their own charges, including the money indicated in the sum of the excessive personal charges, to the instant hospital, as blood patients, such as the lebane disease or the lebal mathic mathic of the lebal of the lebane, upon receiving medical treatment from the instant hospital.

C. The winners of the instant case requested the Health Insurance Review and Assessment Service to verify whether the individual charges paid to the instant hospital were excluded from the medical care benefits under relevant statutes, such as the National Health Insurance Act.

The Health Insurance Review and Assessment Service, in violation of all the provisions regarding the criteria and methods for the application of health care benefit that the instant hospital had been in force at the time of treatment of the instant patients, received expenses for inspection, treatment, medication or materials for medical treatment from the relevant patients, etc., on the date indicated in the date indicated in the notice of the date of disposition in the attached Table, the Plaintiff issued each disposition ordering the Plaintiff to confirm that the amount entered in the aggregate column of the instant patients’ excessive charges received from the relevant winners is excessive, and refund it to the relevant winners (hereinafter “each of the instant dispositions”).

E. In rendering each of the dispositions in this case, the Health Insurance Review and Assessment Service shall collect all of the costs from the relevant winners without claiming the amount to be reduced in light of the past review cases, in violation of all the provisions regarding the criteria and methods for the application of health care benefit.