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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. From June 5, 2008 to July 30, 2009, Plaintiff A opened a hospital specializing in senior citizens (hereinafter “instant hospital”) in its own name on the 9, 10, and 11th floor of the Seoul Special Metropolitan City Nowon-gu building from November 10, 201 to August 31, 2013, and provided medical treatment at the instant hospital.
B. On February 21, 2014, the Defendant rendered a disposition to recover KRW 1,53,40,490 from June 5, 2008 to July 30, 2009, and Plaintiff A issued a disposition to recover KRW 2,192,751,80 to Plaintiff A pursuant to Article 57 (1) of the former National Health Insurance Act (amended by Act No. 12176, Jan. 1, 2014; hereinafter the same) for the reason that the medical care benefit was unduly paid by leasing the name to E Foundation (hereinafter “instant Foundation”) from November 10, 201 to August 31, 2013.
(hereinafter referred to as "the disposition of recovery of medical care benefit costs against the plaintiffs" is the disposition of the case (based on recognition). [The grounds for recognition], Gap evidence 12-1 and 2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. 1) The Defendant did not clearly state the grounds for the instant disposition in the instant disposition, and thus, the instant disposition violated Article 23(1) of the Administrative Procedures Act. (2) The Plaintiffs did not lend the name of the Foundation, and actually operated the instant hospital.
3. The Foundation of this case is a non-profit corporation and can establish a medical institution pursuant to Article 33 (2) 4 of the Medical Service Act. Thus, even if the plaintiffs were employed in the Foundation of this case, it does not constitute the case of providing medical services under employment by a person who is not eligible
Therefore, the Plaintiffs do not constitute “a case where the costs of health care benefit are paid by continuous or other unjust means” under Article 57(1) of the former National Health Insurance Act.
(b)be as shown in the attached Form of the relevant statutes.