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(영문) 서울행정법원 2015.04.09 2014구합11991
진료수가삭감처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

Basic Facts

The Plaintiffs are herb doctors or medical corporations operating one Council member, and the Defendant is a public corporation that is entrusted with the duties of examining and coordinating motor vehicle insurance medical fees by an insurance company, etc. pursuant to Article 12-2(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Guarantee Act”) and Article 11-2 of the Enforcement Decree of the same Act and carries out such duties from July 1, 2013.

The plaintiffs have provided medical treatment to the victims of traffic accidents as necessary, and they have been prepared using fral facilities operated by the Korea Pharmaceutical Association.

The Defendant notified the Plaintiffs of the result of the review of the reduction in the amount of motor vehicle insurance medical fees claimed by the Plaintiffs, from March 2014 to June 2014, respectively, as to the motor vehicle insurance medical fees claimed by the Plaintiffs, after the Plaintiffs performed the pharmacological.

(hereinafter referred to as “instant notice” and “the date of notification by Plaintiff and the amount of reduction by Plaintiff” are the same as indicated in the separate sheet). [The grounds for recognition] of absence of dispute, Gap evidence Nos. 1 through 112 (including each number), Eul evidence No. 3, and the purport of the entire pleadings, the plaintiffs asserted that the instant lawsuit is legitimate, based on the premise that the instant notice is an administrative disposition subject to appeal litigation, the plaintiffs asserted that the procedural and substantive defects should be revoked.

In regard to this, the Defendant’s determination of the motor vehicle insurance medical fees claimed by the Plaintiffs under the Special Act on Self-Helping, which was entrusted by the insurance company, etc. under the Civil Act, is merely a notification of this case, and thus, the notification of this case is not an administrative disposition. Thus, the Defendant’s assertion to the effect

The details of the relevant Acts and subordinate statutes are as shown in the attached statutes.

Judgment

㈎ 행정청의 어떤 행위를 행정처분으로 볼 것이냐의 문제는 추상적, 일반적으로...

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