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(영문) 서울고등법원 2016.05.25 2015누42581
진료비용환수처분취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The reasoning for this case is identical to the reasoning of the judgment of the court of first instance, and thus, this case is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

B. In the first instance court, the Plaintiffs examined motor vehicle insurance medical fees as a private trustee and notified the Plaintiffs and relevant insurance companies of the results thereof, and notified the Plaintiffs of this case without any legal basis after the relevant insurance company paid the Plaintiffs insurance money, and then returned the already received insurance money to the relevant insurance company without any legal basis, the Plaintiffs asserted to the purport that the aforementioned notification constitutes the Defendant’s disposition on the assessment of the reasonableness of medical care benefit costs and medical care benefit under Article 87(2) of the National Health Insurance Act.

In full view of various circumstances recognized by the evidence adopted by the first instance court, the Defendant’s business territory and scope of authority, and the structure of relevant regulations, etc., the instant notice is not a disposition that was issued by the Defendant with respect to the reasonableness, etc. of medical care benefits subject to national health insurance by exercising administrative authority delegated pursuant to the statutes, but rather a disposition that belongs to the private law area as part of the review and adjustment of medical insurance medical fees entrusted pursuant to the contract for examination of motor vehicle insurance medical fees concluded between the relevant insurance companies based on Article 12-2(1) of the Guarantee of Automobile Accident Compensation Act and Article 11-2 of the Enforcement Decree

Ultimately, the Plaintiffs’ notification of this case cannot be deemed as a subject of appeal litigation solely on the grounds that the Plaintiffs are tax-proof.

According to this, the plaintiffs' assertion is not accepted.

2. The instant lawsuit is unlawful and thus dismissed.

The judgment of the court of first instance is concluded.

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