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(영문) 서울행정법원 2014.11.13 2014구합53865

요양급여비용환수처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, along with B, owns a building established by the “Dvalescent Hospital” located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant hospital”), and the herb doctor E from September 3, 2012 to February 6, 2013, and the doctor F served as the president of the instant hospital from February 7, 2013 to May 2013.

B. The Defendant issued a disposition to recover KRW 1,035,70,660 from January 16, 2014 to the Plaintiff pursuant to Article 57(2)1 of the National Health Insurance Act, on the ground that “the Plaintiff, who was unable to establish a medical institution pursuant to Article 33(2) of the Medical Service Act, conspired with G and H, employed E as the president of the instant hospital from September 3, 2012 to February 6, 2013, by employing the Plaintiff as the head of the instant hospital and allowing the Plaintiff to provide medical services, and thereby receiving medical care benefit costs by fraud or other improper means.”

(hereinafter referred to as “instant disposition” in total)

On the other hand, on April 24, 2014, the Plaintiff established the instant hospital in collusion with H, G, and E even if it is not a medical person, from September 3, 2012 to February 6, 2013. In collusion with H, G, and F, the Plaintiff violated Articles 87(1)2 and 33(2) of the Medical Service Act by opening the instant hospital from February 7, 2013 to May 2013.

The plaintiff filed an appeal against the judgment of the court of first instance on the ground that "the act related to the establishment and operation of the hospital of this case is nothing more than aiding and abetting, but it is erroneous in the misapprehension of the legal principles of the co-principal, thereby adversely affecting the conclusion of the judgment, and the above judgment of the court of first instance is too unreasonable."