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(영문) 서울행정법원 2020.06.11 2019구합91534
요양급여비용 환수처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

The following facts do not conflict between the parties during the course of the disposition and the revocation thereof:

Plaintiff

Medical corporations A (hereinafter “Plaintiff medical corporations”) established and operated the “E convalescent Hospital” (hereinafter “E convalescent”) from March 18, 2014 after obtaining permission from the Cheongnam-do Governor to establish a medical corporation on June 21, 2012.

Plaintiff

B was the chief director of the Plaintiff Medical Foundation from June 21, 2012 to June 9, 2014, and Plaintiff C is the chief director of the Evalescent.

B. On August 2, 2019, the Daejeon District Court: (a) established a medical corporation by Plaintiff B and C on August 2, 2019; (b) appointed an executive officer formally, and operated a medical corporation as an individual-owned structure to operate the Evalescent; and (c) received medical care benefit costs of KRW 8,534,808,790 in total from around March 18, 2014 to October 31, 2016 from the National Health Insurance Corporation to around October 31, 2016 as charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Medical Service Act.

(The Daejeon District Court's astronomical Court's Branch 2019Gohap161, hereinafter referred to as "relevant criminal cases").

On December 12, 2019, the Defendant rendered a disposition to jointly recover medical care benefit costs of KRW 11,130,890,150, based on Article 57(1) of the National Health Insurance Act against the Plaintiff medical corporation based on Article 57(2) of the National Health Insurance Act, based on Article 57(1) of the National Health Insurance Act, against Plaintiff B and C, on the grounds that the E convalescent hospital violated Article 33(2) of the Medical Service Act.

(hereinafter “each disposition of this case”). D.

On February 12, 2020, the court of the relevant criminal case is insufficient to recognize the establishment and operation of a medical institution without any reasonable doubt, even though the medical institution was not operated by a doctor, etc. for private interest, after only writing only the appearance of the Plaintiff medical corporation that did not have any substance as Defendant B or C, and practically neglecting the medical institution.

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