요양급여비용 환수 결정 처분 취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 14, 2017, the Defendant notified the Plaintiff of the decision on the recovery of medical care benefit costs to the effect that “the Plaintiff established and operated a medical care institution in violation of Article 33(2) of the Medical Service Act,” as a result of the investigation by the Gwangju District Prosecutors’ Office in 2016, on the ground that “the Plaintiff was confirmed to have established and operated a medical care institution in violation of
(hereinafter referred to as the “instant notice”). The period of recovery of a medical care institution (the date of payment of medical care costs) is the Act applicable to the Corporation’s total amount of recovery to be paid (applicable classification) B convalescent B (the date of application) from September 25, 2008 to March 31, 2009, notice 950,373,150,373,150,150,373,150 Civil Act (public offerer)
B. On the other hand, the defendant sent to the plaintiff on the same day a notice of demand for the payment of other collected amounts of KRW 950,373,150, along with the notice of this case.
(hereinafter referred to as "the notice of this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination as to the defendant's defense prior to the merits
A. The notice and notification of this case prior to the merits are merely an instruction and peremptory notice informing the existence of a duty to compensate for damages or a duty to return unjust enrichment against a civil tort, not an appeal suit.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The term “administrative disposition” means an act under the public law of an administrative agency, which directly causes a change in the legal status of the other party or other persons concerned, such as an act within the administrative agency, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects, with regard to a specific matter, and barring any special circumstance, an act, etc., which does not directly cause a change in the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and de facto notification, cannot be subject to appeal litigation (see, e.g., Supreme Court Decision 98Du15863, Jun. 25, 199).