logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2018.06.28 2017누5828
부당이득금징수처분취소
Text

1. The defendant's appeal is dismissed.

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

3. The Defendant’s February 16, 2016 to the Plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The part concerning the corresponding reasons of the judgment of the court of the first instance concerning this case is identical to the corresponding reasons of the judgment of the court of the first instance (the part concerning claims for 2,639,313,475 won in violation of the standards for calculating admission fees) in addition to separately determining the part concerning additional matters claimed by the defendant in this court, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In addition to the "Enforcement Decree of the Medical Care Assistance Act" in the second part of the fourth part of the 13th part of the 4th part of the 12th part of the 4th part of the 13th part of the 4th part of the 12th part of the 4th part of the 4th part of the 13th part of the 13th part of the 13th part of the 13th part of the 13th part of the 13th part of the 13th part of the 13th part of the 13th part of the 13th part of the 3th part of the 13th part of the 13th part of the

2. Additional determination

A. Defendant’s assertion 1 ① The Plaintiff presented a written opinion that the Ministry of Health and Welfare sent the Plaintiff the advance notice of the instant disposition to the Plaintiff after the on-site investigation.

② Since then, the Plaintiff filed an objection to the effect that “the Plaintiff’s mistake discovered as a result of the above on-site investigation is an act committed by the Plaintiff during the operation of a hospital, and is not an act committed by the present photograph, but is now endeavoring to normalize the hospital, and thus, the above prior notice is unreasonable.” However, the Plaintiff voluntarily withdrawn

③ On February 2, 2016, the Plaintiff received the notification from the Minister of Health and Welfare to determine the suspension of business and the instant disposition on February 16, 2016, and received the notification from the Defendant on February 16, 2016, and sufficiently examined the said disposition, and thereafter, the Plaintiff would repay the amount of unjust enrichment 2,653,93,610 won equal to the amount of the instant disposition for a period of 24 months.

arrow