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(영문) 춘천지방법원강릉지원 2019.05.16 2017구합30581
부당이득금징수처분취소
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. The Plaintiff, as the standing director of a medical corporation B (hereinafter “B hospital”) of the medical corporation B hospital (hereinafter “B hospital”) (hereinafter “the president”), was no longer able to sell drugs at the above hospital due to the pharmaceutical distribution business that took effect on July 1, 200, the Plaintiff agreed to separately establish a pharmacy operated by the hospital by investing the hospital’s funds with father C (the president before the hospital), father C (the president of the B hospital), mother D (the director of the B hospital), etc., and agreed to separately establish the pharmacy. The head of the materials department of the B hospital requested the establishment pharmacist, and E excluded the “F (the death on December 24, 2016) working for the head of the medicine department, and was willing to establish a pharmacy in the name of F in the name of the first hospital.

B. Accordingly, the network C had five employees G, etc. working in the department of B hospital medicine, including F, at the same time with the implementation of pharmaceutical medicine, transferred to the household building prepared in the vicinity of B hospital, and the head of the original department of B hospital H of the next day reported the establishment of the “I pharmacy” in the name of F (the trade name was changed to “J pharmacy”; hereinafter the same shall apply). On August 23, 2000, the network C purchased the land of B Hospital in the name of B Hospital in the name of the fraud, the entrance of K Hospital at the port in the name of the fraud, and completed the construction of the building on November 21, 200 and operated the instant pharmacy on the first floor of the above building.

C. Since then, the net C has managed the instant pharmacy through E and acquired profits from the operation of the pharmacy. Since December 2007, the Plaintiff was the president of the Hospital, and D, as a standing director of the instant pharmacy, received the status of the actual operator of the instant pharmacy from C and managed the instant pharmacy along with the instant hospital.

The Defendant, on September 6, 2017, established a pharmacy in which the Plaintiff was not a pharmacist and violated the establishment standard under Article 20(1) of the Pharmaceutical Affairs Act, and on September 6, 2017, based on Article 57 of the National Health Insurance Act, 14,361.

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