logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.03.28 2011도2111
의료급여법위반 등
Text

The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The court below held that Article 84(2) of the former National Health Insurance Act (amended by Act No. 8852, Feb. 29, 2008; hereinafter the same) and Article 32(2) of the former Medical Care Assistance Act (amended by Act No. 8852, Feb. 29, 2008; hereinafter the same) provide that "the Minister of Health and Welfare may order a medical care institution to submit a report or documents concerning medical benefits, such as the payment of medical care medicines, etc. with respect to a medical care institution; or require a public official under his/her jurisdiction to submit a report or documents; or require a public official under his/her jurisdiction to inspect relevant documents, even if the Minister of Health and Welfare fails to separately issue an order to submit documents, a public official under the Ministry of Health and Welfare ordered by the Minister of Health and Welfare may request a medical care institution, etc. to submit relevant documents to the extent necessary for the inspection of the relevant documents; and if a public official refuses to comply with such request without any justifiable reason upon receipt of such related documents, he/she rejected the following public official's.

Even if a public official belonging to the Ministry of Health and Welfare refuses, interferes with, or evades an inspection under Article 84 (2) of the former National Health Insurance Act and Article 32 (2) of the former Medical Care Assistance Act.

Furthermore, the court below held that the public officials belonging to the Ministry of Health and Welfare are entitled to ask questions or inspect relevant documents to the persons related to the medical care institution, etc. under Article 84(5) of the former National Health Insurance Act and Article 32(5) of the former

arrow