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(영문) 광주지방법원 2017.07.20 2017구합11237
요양급여비용 환수 결정 처분 취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Case history

A. On February 14, 2017, the Defendant notified the Plaintiff of the purport that the Plaintiff would recover the medical care benefit cost paid by the Defendant (hereinafter “instant notification”) on the ground that the Plaintiff’s establishment and operation of a medical care institution in violation of Article 33(2) of the Medical Service Act was confirmed in relation to Article 64948 of the Gwangju District Prosecutors’ Office in 2016.

Medical care institution period (the date of payment of medical care expenses) obligor for the total amount of recovery to be paid by the Corporation (applicable classification) B convalescent B, which applies to recovery to be paid by the Corporation, on September 25, 2008; and on March 31, 2009, notice 950,373, 150, 950,373, and 150 Civil Act (public offerers)

B. On the other hand, the defendant sent to the plaintiff on the same day the notice of other collection amounting to KRW 950,373,150 (hereinafter "the notice of this case") along with the notice of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, and 6 (including each number), the purport of the whole pleadings

2. Determination

A. The Defendant’s notification and notification of this case’s main defense is merely a notification informing the Plaintiff that there is an obligation to compensate for losses arising from the return of unjust enrichment under civil law and illegal acts, not a disposition that is subject to appeal litigation.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1) The term "administrative disposition" means an act of an administrative agency under public law, which causes direct change in its specific rights and duties, such as ordering the establishment of rights or the burden of obligations under laws or regulations, or causing other legal effects with respect to a specific matter. Barring special circumstances, an act, etc., which does not cause direct legal change in the legal status of the other party or other persons concerned, such as actions, intermediation, solicitation, and de facto notification, inside the administrative agency, cannot be subject to appeal litigation (see, e.g., Supreme Court Decision 98Du15863, Jun. 25, 199). It is deemed an administrative disposition by an administrative agency.

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