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(영문) 서울고등법원 2016.02.03 2014누41369
의료급여비용 정산처분 취소청구 등
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. The reasoning of the judgment of the court of first instance citing this case is identical to the ground of the judgment of the court of first instance, except for adding the following 2.2. Thus, this case is quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

2. Additional determination

A. (1) Regarding the existence of the grounds for disposition, the Plaintiffs’ major points of the Plaintiffs’ assertion are merely the joint use of part of the wards of the neighboring E1 et al. E2 et al. (hereinafter “Nonindicted 1”) and E2 et al. (hereinafter “Nonindicted 2”) while operating the E et al., a member-level medical institution. Therefore, the jointly used wards are not included in the facilities of the E et al.

Therefore, the plaintiffs did not actually operate a hospital-level medical institution, and there is no reason for the disposition of this case.

(2) Comprehensively taking account of various circumstances acknowledged by the first instance court and the evidence adopted by this court based on the content and legislative purpose of the relevant provisions, such as the Medical Service Act, the lower judgment on August 2010 to the Plaintiffs.

9. It is recognized that H, K, L, and M were hospitalized and treated by using the beds of 1,2,00 medical institutions, who are other medical institutions, without submitting a written consent for sharing the beds, while claiming medical care costs in the name of E members operated by them. Therefore, the reason for the instant disposition is deemed to exist.

The plaintiffs' assertion is not accepted.

(1) The Medical Service Act, which has been enacted for the purpose of protecting and improving the health of the people, mainly provides medical services to outpatients as a clinic-level medical institution (medical clinic, dental clinic, oriental medical clinic), and mainly provides medical services to inpatientss as a hospital-level medical institution (a hospital, convalescent hospital, general hospital, etc.).

The Medical Service Act shall be established by a clinic-level medical institution, and it shall be established by a hospital-level medical institution.

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