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(영문) 서울행정법원 2017.09.21 2015구합71983
요양급여환수처분취소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 2010, Plaintiff A, as a doctor, took over the C Hospital (hereinafter “D”), established the E Hospital (hereinafter “instant hospital”), and then registered himself as the founder of the instant hospital from October 201 to run the instant hospital in the F building in Ansan-gu, Ansan-gu, Masan-si. Plaintiff B, who was employed by Plaintiff A, as a doctor, worked as a doctor to establish the instant hospital from April 201 to September 201.

B. On March 2014, the Defendant requested the police to investigate the instant hospital, G hospital, and H hospital’s claim for medical care benefit costs. On October 7, 2014, the Silung Police Station notified the Defendant of the following suspected facts and requested the Defendant to take an appropriate administrative disposition upon notifying the Defendant of the fact that the Plaintiff, etc. was sent to the Suwon Military Prosecutors’ Office as a prosecution (undetained).

2. Violation (criminal facts) Plaintiff A is the head of the hospital operating the instant hospital from October 26, 2010, and I was in office as the head of the administrative office of the instant hospital from September 2010 to April 2013. The J is the representative director of the L Co., Ltd. (hereinafter “L”) affiliated with the instant hospital, etc. as the head of the administrative office of the instant hospital from September 2010 to April 2013.

B. The Plaintiff A and I co-principals of the Plaintiff and I and J concluded a contract with J on November 19, 201 and on December 9, 201, to entrust the management of the cafeterias of the instant hospital to J. As such, the Defendant entrusted the operation of the cafeterias of the instant hospital to the J. As such, the Defendant’s demand for the addition of the vesianian, cooking, selective group, and direct operation of the cafeterias of the instant hospital out of the medical care benefit cost paid by the patient.

Nevertheless, Plaintiff A and I, as they operated directly the cafeteria of the instant hospital directly to the Defendant, deceiving the Defendant by filing a false report as if the cook, etc. belongs to the instant hospital and claiming additional meal charges.

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