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Reasons
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(영문) 서울행정법원 2018.10.11 2018구합66968
요양급여비용 환수처분 무효확인 등 청구의 소
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1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff, as a doctor, is operating the “C Council member” (hereinafter “instant Council member”) as a medical institution on the building B and the fourth floor of Seoul Jung-gu.

B. The Seoul Local Police Agency decided that the Plaintiff operated D and the instant member as a partner upon the investigation of the Plaintiff, and notified the Defendant of July 19, 2017. On September 10, 2017, the Defendant issued a disposition to recover the Plaintiff’s total amount of KRW 304,39,660 (=the Defendant’s charges of KRW 215,94,960), based on Article 57 of the National Health Insurance Act, on the ground that the Plaintiff dual establishment of a medical institution in violation of Articles 4(2) and 33(8) of the Medical Service Act, based on Article 57 of the National Health Insurance Act, for the reason that the medical institution was established in violation of Article 4(2) and 33(8) of the same Act.

(hereinafter “instant disposition”). C.

On September 25, 2017, the Plaintiff was prosecuted for fraud and violation of the Medical Service Act on the following criminal facts, and is currently pending trial.

1. Defendant D and the Plaintiff et al. - Defendant D opened the instant member as a sole name from June 22, 201 to November 2, 2011, from November 3, 2011 to September 2, 201, respectively, under the joint name of the Plaintiff from September 3, 2013 to June 30, 201, and operated the Plaintiff’s sole name from September 3, 2013 to June 20, from September 15, 2015 to May 2015, the Plaintiff established and operated the “F Council member” from September 1, 2013 to May 27, 2014 to May 2015, and the Plaintiff established and operated the instant member’s name from September 2, 2015 to May 27, 2015 to the Seoul Special Metropolitan City Seoul Special Self-Governing Province’s name as the Plaintiff’s name and the Plaintiff’s representative from May 27, 2015.

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