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(영문) 서울고등법원 2019.10.22 2018누35355

요양급여비용 환수처분 취소

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1. The defendant's appeal is dismissed.

2. At the request of the plaintiffs added at the trial court, the defendant, upon the request of the plaintiff A, 19.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows. Paragraph 2 of Article 8 of the Administrative Litigation Act and Article 420 of the Civil Procedure Act are the same as the reasoning of the judgment of the court of first instance, except for adding the judgment on the claim for return of unjust enrichment added at the court of first instance to the determination of the plaintiffs' additional unjust enrichment at the court of first instance. Thus, the court's explanation as to this case is

C. The second page " September 3, 2013" of the 8th page shall be deemed to read " September 1, 2014".

The parallel 4 to 16 pages 8 shall be as follows.

(2) Whether the National Health Insurance Act can recover the costs of health care benefit under Article 57(1) of the National Health Insurance Act on the ground of the establishment and operation of each of the instant hospitals is an Act enacted for the purpose of contributing to the improvement of national health and the improvement of social security by providing citizens with insurance benefits for disease and injury, prevention, diagnosis, medical treatment, rehabilitation, childbirth, death, and improvement of health (Article 1). Medical care benefits for diseases, etc. of the insured and their dependents (Article 41(1)), such as the provision of medical and pharmaceutical materials, treatment surgery, and other medical care (Article 41(1), and the National Health Insurance Corporation shall pay the costs of health care benefit provided by health care institutions, including “medical institutions established under the Medical Service Act

(1) Articles 42(1) and 47(1) of the Medical Service Act (amended by Act No. 1) provides for matters necessary for national medical fees so that all citizens can benefit from high-quality medical care, thereby allowing only medical personnel, etc. to establish a medical institution (Article 1), while restricting medical personnel from establishing and operating two or more medical institutions (the main sentence of Article 33(8)), and restricting medical personnel from establishing and operating medical institutions under the name of another medical personnel.

§ 4.