1. The plaintiff's appeal is dismissed.

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

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

1. The reasoning of the judgment of the court of first instance, which cited the reasoning of the judgment, is as follows, is that the reasoning of the judgment of the court of first instance, except for the part of "a deviation abuse of discretionary power" from about 14th to about 11th sixth of the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance. Thus, it is accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2. 1) Article 57(1) of the National Health Insurance Act provides that "the Corporation shall collect all or part of the amount equivalent to the insurance benefits or the cost of insurance benefits from a person who received insurance benefits or a medical care institution that received insurance benefit costs by deceit or other improper means." Thus, it is reasonable

(See Supreme Court Decision 2015Du3996 Decided June 4, 2020). Therefore, the Defendant determined an appropriate amount of collection according to the case, comprehensively taking into account various factors, such as the individual circumstances of the offender of the circumstance punished by other Acts due to the scope of the offense, the degree of social criticism, and the size of illegal gains gained from the offense, etc. Therefore, the instant restitution disposition constitutes discretionary action.

In addition, whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition by objectively examining the content of the violation as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances

(see, e.g., Supreme Court Decision 2007Du6946, Sept. 20, 2007). 2) With respect to the instant case, the term “the case where the medical care benefit cost is paid by accelerating or any other wrongful means” under Article 57(1) of the National Health Insurance Act refers to the relevant statutes.