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(영문) 광주지방법원 2020.07.23 2017구합794
요양급여비용환수고지처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

On July 27, 2017, the Defendant, a non-medical person, established and operated a DNA oriental medical hospital located in Gwangju-gu, Gwangju-gu and a F oriental medical hospital located in Gwangju-gu, Gwangju-gu, in collusion with B, and rendered a redemption disposition of KRW 2,742,861,780 for the reason that the Defendant was unfairly paid medical care benefit costs (hereinafter “instant disposition”).

On June 18, 2020, the Defendant revoked the instant disposition ex officio.

[Ground] In the absence of dispute, entry in Eul evidence Nos. 2 and 5 (including additional numbers), and the purport of the entire pleadings, and even if the lawsuit seeking revocation of an administrative disposition of this case was lawful at the time of the lawsuit, there were interests in the lawsuit at the time of the lawsuit, if the disposition agency revokes ex officio an administrative disposition which becomes the object of dispute during the duration of the lawsuit, the disposition becomes null and void and no longer exists. Thus, in principle, an appeal litigation against the non-existent disposition is unlawful because

(see, e.g., Supreme Court Decision 2018Du49130, Jun. 27, 2019). Therefore, in the instant lawsuit, as seen earlier, the Defendant’s revocation ex officio of the instant disposition during the proceeding of the lawsuit and the benefit of the lawsuit has ceased to exist, and thus, is unlawful.

In conclusion, the lawsuit of this case is unlawful, and it is dismissed, and it is so decided as per Disposition by the defendant under Article 32 of the Administrative Litigation Act with respect to the costs of lawsuit.

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