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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
The reasoning for this case is as follows, except for the modification of a part of the judgment of the court of first instance, and thus, the reasoning for this case is as stated in the reasoning for the judgment of the court of first instance. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
[Revision] Part of the Judgment of the court of first instance is as follows: Part 13, 13, 20, and 18 of the Judgment of the court of first instance are as follows.
C. (1) The Plaintiff’s assertion that the disposition of business suspension against a medical care institution pursuant to Article 98(1)1 of the former National Health Insurance Act should be deemed a disposition that has a physical nature to a medical care institution rather than an individual’s disposition against the founder. The claim for medical care benefit in the instant case was made by the previous medical care institution, not the instant hospital, and the previous council members and the instant hospital are different medical institutions in all respects, such as the size, specialized department, location, and number of doctors. Since the instant hospital is much more than the previous council members than the previous council members, the damages suffered by the Plaintiff due to the same disposition of business suspension are more excessive than the time when the previous council members operate the medical care benefit in the instant hospital. The instant disposition of this case leads to a threat of livelihood with approximately 60 medical doctors, nurses, and workers working at the instant hospital due to the instant disposition, and the inconvenience of the hospitalized patients is also aggravated, and thus, the instant disposition violates the principle of excessive prohibition or deviates from discretionary power in violation of the principle of proportionality.