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(영문) 수원지방법원 2018.06.21 2018구합61810
요양급여비 환수처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On December 11, 2017, the Plaintiff: (a) the Defendant’s notice of the payment notice of other collection amount of KRW 8,381,530 on December 7, 2017, which the Plaintiff entered as a person liable for payment; and (b) the Plaintiff’s notice of payment notice of other collection amount of KRW 8,381,530 on December 7, 2017.

2. Under Articles 53, 54, 57, and 58 of the National Health Insurance Act (Article 48, 49, 52, and 53 of the former National Health Insurance Act), and Articles 35, 741, 750, and 760 of the Civil Act, the following medical expenses, etc. to be borne by the Corporation shall be paid within the deadline for the recovery of the medical expenses, etc. to be borne by the Corporation from among the details of diagnosis by the following persons:

Decision number: 1 C. 11,400 D dental clinics 11,400 E on December 8, 2012. 8. D dental clinics 14,700 omitted on December 2, 2012.

The notice shall be received, and the contents of the notice shall be as follows:

Facts that there is no dispute over the basis of recognition, entry of Gap evidence 1, the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The Defendant’s prior notice of defense does not constitute an administrative disposition that becomes the object of appeal litigation, since the Plaintiff demanded the payment of damages under Article 750 of the Civil Act on the medical care benefit cost that the Defendant received from the Defendant on the ground that the Plaintiff was to establish a medical institution in its name in violation of Article 33(8) of the Medical Service

B. 1) The term "administrative disposition" means an act of an administrative agency under public law, which directly causes a change in the legal status of the other party or other persons concerned, such as an act within the administrative agency, such as ordering the establishment of rights or the burden of obligations, or giving rise to other legal effects, with regard to a specific matter, and barring special circumstances, an act, etc., which does not directly cause a change in the legal status of the other party or other persons concerned, may not be subject to appeal litigation (Supreme Court Decision 200

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