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(영문) 서울고등법원(춘천) 2019.12.18 2019누625
부당이득금징수처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The part of the reasoning of the judgment of the court of first instance, which cited the part of the judgment of the court of first instance, on the following grounds: (a) whether the Plaintiff participated in the establishment and operation of the instant pharmacy; and (b) whether the Plaintiff’s act constitutes a similar collusion rather than the establishment of a pharmacy; and (b) whether the Plaintiff’s act constitutes a similar collusion, is identical to the corresponding part of the judgment of the court of first instance (Articles 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, on the grounds that, with the exception of partially amending the following, the relevant part of the judgment of the court of first instance (Articles 5 through 10 and 14 through

The following details shall be added between conduct 15 and 16 in the judgment of the first instance:

[Attachment 2] The third-party 16th of the judgment of the first instance shall be amended to “3.”

Along with the first instance judgment, the first instance judgment’s “whether a person constitutes a similar collusion” as “whether a person constitutes a similar collusion.”

2. The part newly used (Articles 5 through 5 of the judgment of the court of first instance) “C. Whether the pharmacy of this case constitutes a medical care institution under Article 42(1)2 of the National Health Insurance Act” (Article 42(1) of the Pharmaceutical Affairs Act), the summary of the Plaintiff’s assertion, as the pharmacy of this case was registered for effective establishment and establishment pursuant to the Pharmaceutical Affairs Act, has the authority to claim medical care benefit costs against the Defendant as it constitutes a medical care institution under Article 42(1)2 of

Therefore, the instant disposition taken on the premise that the instant pharmacy was not authorized as such is unlawful.

2) In full view of the background of implementing the pharmaceutical medicine business system as seen earlier and the following circumstances recognized in light of the provisions of relevant statutes, such as the Pharmaceutical Affairs Act, a pharmacy established by a person who is not a pharmacist in violation of Article 20(1) of the Pharmaceutical Affairs Act cannot be deemed as a pharmacy registered under the Pharmaceutical Affairs Act, as prescribed by Article 42(1)2 of the National Health Insurance Act.

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