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(영문) 대구지방법원 2017.09.06 2016구합2832
요양급여비용지급보류처분취소
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. (1) On August 6, 2013, the Plaintiff was a medical corporation established for the purpose of establishing and operating a medical institution. (2) On November 1, 2013, the Gyeongbuk-do Governor permitted the Plaintiff to establish a “Bvalescent hospital” (hereinafter “instant convalescent hospital”) with respect to the Plaintiff.

B. On November 9, 2016, the chief of the police station having jurisdiction over the notification of the violation of the Medical Service Act by an investigative agency, recognized the following charges of violation of the Medical Service Act against C, D, and E, and sent it to the Daegu District Prosecutors' Office as a non-detained prosecution opinion.

C is a person who is a standing director and has overall control over corporate affairs, and is the actual representative of the term "office-general hospital", and D is a director of the plaintiff, and E is a representative director in the form of the plaintiff.

C, D, and E established a convalescent hospital with the lending of a doctor's license to E, and thereafter established a type-medical corporation to continue to operate the office hospital, and publicly recruited to collect health insurance and medical benefits from the National Health Insurance Corporation by establishing a convalescent hospital.

A private hospital-type hospital C and D established a hospital in the name of E on December 2007 and recruited to operate the office-type hospital, and they were aware of it. On February 2, 2008, E had paid 10 million won per month to E in terms of living expenses and salary between E and E, and the remaining profits have been divided by C and D, and on April 2, 2008, upon obtaining permission for opening the hospital in the name of B and until October 31, 2013, E was the head of the formal hospital, and C and D raised and managed the office-type hospital by raising and managing funds.

A medical corporation type C, D, and E establish a medical corporation on August 2013, and operate a medical institution. On August 6, 2013, the Plaintiff was established, and on November 1, 2013, the medical corporation established the instant medical care hospital at the same place as the above B/C, and registered E as the representative director and the head of the hospital of the Plaintiff formally from November 1, 2013 to October 2016.

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