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(영문) 서울행정법원 2018.07.19 2017구합89452
한의사면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From November 25, 2005 to April 5, 2013, the Plaintiff operated the “C Han-won” in Daegu-gun A, Daegu-gu, and established and operated the “E Han-won” from April 6, 2013 to April 5, 2013.

B. On June 30, 2016, the Plaintiff acquired a total of KRW 99,692,040 through 7,587 times in total by falsely claiming medical care benefit costs for patients without medical treatment from June 1, 2009 to February 21, 2012, and acquired a total of KRW 5,198,820 through false claim for the medical care costs for patients who did not receive medical treatment from June 1, 2009 to January 12, 2012, the Plaintiff acquired a total of KRW 312 times in total, by falsely claiming the medical care costs for such patients. ③ From October 1, 2009 to November 25, 2012, the Plaintiff was convicted of a total of KRW 37,70 in total by deceptive means (hereinafter “the instant criminal facts”).

(F) On January 20, 2017, the Plaintiff filed a final appeal on January 20, 2017 (Seoul District Court 2016No2861), but the lower judgment became final and conclusive on March 24, 2017 (Supreme Court 2017Do2000).

(hereinafter “instant criminal judgment”) C.

On September 25, 2017, the Defendant applied Article 65(1)1 and Article 8(4) of the Medical Service Act to the Plaintiff, thus revoking the license of herb doctor.

(hereinafter “Disposition of this case”). 【Disposition of this case’s Disposition of this case’s / [Grounds for recognition] without dispute, entry of Eul’s evidence Nos. 1 to 4, the purport

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The actual actor of the instant fraudulent claim is the Plaintiff who is not the Plaintiff, and thus, the instant disposition based on the premise that the actual actor is the Plaintiff is null and void. 2) The Plaintiff was unable to know the fact of the instant fraudulent claim due to his divorce action, etc. with the former wife, and F.

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