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(영문) 청주지방법원 2015.06.18 2015구합10150
요양급여비용 환수결정 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B, C, and D, other than medical personnel, employed the Plaintiff on June 17, 201 at the building located in Incheon-si E, and opened and operated the Fvalescent Hospital in the Plaintiff’s name (hereinafter “instant hospital”). From June 17, 2011 to October 24, 201, the Plaintiff received medical care benefit costs under the National Health Insurance Act from the Defendant as a new bank account in the name of the Plaintiff.

B. On September 11, 2014, the Defendant notified the Plaintiff on October 15, 2014 after receiving notification of the aforementioned contents from the Chungcheong Police Station, and notified the Plaintiff that the Plaintiff would recover KRW 193,208,910 of the medical care benefit cost and the principal charge that the Plaintiff would have received between June 17, 2011 and October 24, 201.

C. The Plaintiff raised an objection to the Defendant on October 23, 2014. However, the Defendant rejected the Plaintiff’s objection on November 4, 2014, and on the same day, issued a disposition to recover the Plaintiff a sum of KRW 179,308,970 (hereinafter “instant disposition”) pursuant to Article 57 of the National Health Insurance Act.

On the other hand, Plaintiff, B, C, and D were prosecuted for violating the Medical Service Act (Cheongju District Court Decision 2015No. 6). On April 16, 2015, the above court applied Article 90 of the Medical Service Act to Plaintiff 3,00,000 won, B, C, and D with the application of Article 87(1)2 and Article 33(2) of the Medical Service Act, and sentenced Defendant 10 years to a suspended sentence for each ten months. The above judgment became final and conclusive on April 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The recovery period of the instant disposition against the Plaintiff is from June 17, 201 to October 24, 2011. The instant disposition was entirely amended by Act No. 11141, Dec. 31, 201; hereinafter “former National Health Insurance Act”).

§ 52.

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