1. The Defendant’s disposition of restitution of KRW 42,839,460 for the Plaintiff on July 5, 2016 is revoked.

2...

The details and details of the disposition taken by the Plaintiff around May 1, 2009, transferred the facility and right of operation of the “D Hospital” (hereinafter “instant hospital”) located in Echeon-si C (hereinafter “instant hospital”) and operated the instant hospital from that time.

The plaintiff was transferred the right to operate facilities and facilities that he had established and operated a collective hall in the instant hospital. The plaintiff did not timely report the change of the above meal service facility operator and completed the report on the change to the head of Echeon City Mayor around November 16, 2009.

On July 5, 2016, the Defendant rendered a decision to recover a total of KRW 42,839,460 of the costs of health care benefit with respect to additional charges on direct operation of the inpatient for the period of failure to report (hereinafter “instant disposition”) pursuant to Article 52 of the former National Health Insurance Act (wholly amended by Act No. 11141, Dec. 31, 201; hereinafter the same) on the ground that “the Defendant filed a claim against the Plaintiff for food care benefit without reporting the establishment and operation of meal service facilities of the instant hospital from May 1, 2009 to November 15, 2009” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, 3, 5, 6, 9, 10 evidence (including branch numbers; hereinafter the same shall apply) and the whole pleadings, and entry of the relevant laws and regulations as to whether the grounds for disposition of this case can be recognized.

Judgment

Article 52 (1) of the former National Health Insurance Act provides that medical care institutions that have received insurance benefit costs by death or other improper means shall collect all or part of the amount equivalent to the insurance benefit costs.

This does not require a medical care institution to submit false data or actively conceal facts in order to receive medical care benefit costs, and it includes all the acts of claiming and receiving medical care benefit costs even though it cannot be paid as medical care benefit costs under relevant laws and regulations.

(see, e.g., Supreme Court Decision 2008Du3975, Jul. 10, 2008). Article 39(2) of the former National Health Insurance Act.