2. The costs of lawsuit are assessed against the plaintiffs.

A. On February 28, 2013, Plaintiff A medical consumer cooperative (hereinafter “Plaintiff Union”) was established for the purpose of establishing and operating medical facilities under the Consumer Cooperatives Act, and established D Hospital in Jeju Special Self-Governing Province Governor on October 1, 2013 (hereinafter “instant hospital”).

B. On June 8, 2015, the Defendant was notified of the investigation result that the Defendant violated the Consumer Cooperatives Act and the Medical Service Act by operating the instant hospital after establishing the Plaintiff Association by unlawful means by the head of the Jeju East Police Station, and that the Defendant acquired the benefit of health care from the Defendant.

C. On August 31, 2015, the Defendant notified the Plaintiffs of the decision to recover KRW 1,846,761,160, which was paid during the period of establishment of the instant hospital, pursuant to Article 57 of the National Health Insurance Act, on the grounds that the instant hospital is a medical care institution established in violation of the standards for establishment under Article 33(2) of the Medical Service Act upon notification of the investigation results.

(hereinafter “each disposition of this case”). 【No ground for recognition”, 【No ground for recognition, Gap’s 1 to 3, and Eul’s 1, and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. Since the Plaintiffs’ assertion cooperative established the instant hospital as a consumer cooperative that duly obtained authorization for establishment pursuant to the Consumer Cooperatives Act, it did not violate the Medical Service Act.

나. 관계법령 ▣ 의료법 제33조(개설 등) ② 다음 각 호의 어느 하나에 해당하는 자가 아니면 의료기관을 개설할 수 없다.

In such cases, a medical doctor may establish a general hospital, hospital, convalescent or medical clinic, a dentist may establish a dental hospital or dental clinic, an oriental medical doctor may establish a oriental medical hospital, convalescent hospital or oriental medical clinic, and a midwife may establish a midwifery clinic only.

1. A doctor, a dentist, a herb doctor, or a midwife;