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(영문) 서울중앙지방법원 2015.11.13 2015가단5218603
손해배상(기)
Text

1. The Defendants jointly share KRW 72,135,264 with respect to the Plaintiff and KRW 5% per annum from January 1, 2008 to November 13, 2015.

Reasons

1. Facts of recognition;

A. The plaintiff shall pay insurance benefits to a special juristic person established for the purpose of contributing to the protection of workers by compensating for occupational accidents of workers rapidly and fairly after being entrusted with the industrial accident compensation insurance business by the Minister of Labor under the Industrial Accident Compensation Insurance Act, by establishing and operating the insurance facilities necessary therefor, and by carrying out the business for preventing disasters and promoting the welfare of workers.

B. Defendant A established a hospital called “D Hospital” located in Gangdong-gu Seoul Metropolitan Government around April 2007, even if it is not a medical person. Defendant B, a doctor, was appointed as the president of the above hospital and received a certain amount of monthly amount until December 30, 2007 and treated the patient.

Defendant A was subject to criminal punishment on the ground that he/she established a medical institution in collusion with doctors, even if he/she is not a medical personnel.

(Court 2013 order3527, 5734) c.

The Defendants received KRW 90,169,080 for medical care benefit costs under the Industrial Accident Compensation Insurance Act during the period of operation of the hospital.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. The former Medical Service Act (amended by Act No. 9906 of Dec. 31, 2009) established the liability for damages

c. The term “former Medical Service Act”

Articles 33(2), 66(1)2, and 87(1)2 are limited to the qualifications, etc. of the founders of medical institutions. On the other hand, in cases where a medical person is employed by a person who is unable to establish a medical institution and provides medical services under the employment of a person who is unable to establish a medical institution, a person who is not qualified to establish a medical institution strictly prohibits the establishment of a medical institution by determining the grounds for suspension of license, etc., and by imposing criminal punishment on violations, thereby contributing to protecting and promoting national health

In addition, Article 40 (1) of the Industrial Accident Compensation Insurance Act is a medical care benefit under the Medical Service Act.

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