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Plaintiff and appellant
Medical Corporation Hero Medical Foundation (Law Firm Sejong, Attorneys Choi Jae-at et al., Counsel for the defendant-appellant)
Defendant, Appellant
The Minister of Health, Welfare and Family Affairs and two others (Law Firm Taeil, Attorney Jung-ho, Counsel for defendant-appellant)
Conclusion of Pleadings
September 28, 2010
The first instance judgment
Seoul Administrative Court Decision 2009Guhap22676 Decided February 3, 2010
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance court shall be revoked. The imposition of a penalty surcharge of KRW 294,706,550 on March 3, 2009 against the Plaintiff by the Minister of Health and Welfare and the imposition of a penalty surcharge of KRW 170,785,250 on March 25, 2009 shall be revoked. The imposition of a penalty surcharge of KRW 170,785,250 on the Plaintiff shall be revoked. The restitution disposition of the unjust enrichment of KRW 34,157,050 made against the Plaintiff on June 10, 200 by the Defendant Asan market shall be revoked. The restitution disposition of KRW 58,941,310 on April 21, 2009 against the Plaintiff shall be revoked.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court's judgment is as stated in the reasoning of the judgment of the court of first instance except for the following cases. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
▣ 제1심 판결문 2쪽 밑에서 2째줄 “아산삼성요산병원”을 “아산삼성요양병원”으로 고친다.
▣ 제1심 판결문 9쪽 3째줄 “제출한 점” 다음에 “④ 이 사건 의원에는 의사가 2명에 불과한데, 위 의사들이 7-80명의 입원환자를 관리하고, 매주 정기적으로 8곳의 복지시설에서 방문진료를 하면서 의약품 조제에까지 입회한다는 것은 쉽게 수긍이 가지 않으며, 보건복지부 직원들이 현지조사를 하는 기간에도 간호사 소외 1(대법원판결의 소외인)이 무단으로 의약품을 조제한 점”을 추가한다.
2. Conclusion
The plaintiff's claim against the defendants shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and all appeals against the defendants shall be dismissed as it is without merit. It is so decided as per Disposition.
Judges Sung Pung-tae (Presiding Judge)