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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원(춘천) 2019.12.18 2019누915
의료급여 환수결정 취소청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined by the court of first instance and the evidence additionally adopted and examined by this court are justified in the findings of fact in the court of first instance

Therefore, the reasoning of the judgment of this court is as follows, except where partial contents are modified or added and where additional judgments are added, it is identical to the reasoning of the judgment of the court of first instance. As such, it is cited by Article 8(2) of the Administrative Litigation Act and the text of Article 420 of the Civil Procedure Act.

The Rules on the Establishment and Operation of Special Medical Equipment (hereinafter “Rules on the Operation of Special Medical Equipment”) in the first to second instances of the first instance judgment shall be amended by the former Rules on the Establishment and Operation of Special Medical Equipment (amended by Ordinance of the Ministry of Health and Welfare No. 613, Jan. 10, 2019; hereinafter “former Rules on the Operation of Special Medical Equipment”).

The Rules on the Operation of Special Medical Equipment in the First Instance 18, 6, 13, 7, 8, 6, 8, 8, 13, and 15, respectively, shall be amended to “former Rules on the Operation of Special Medical Equipment”.

제1심판결 제11쪽 제14행의 ‘▣ 특수의료장비의 설치 및 운영에 관한 규칙’을 ‘▣ 구 특수의료장비의 설치 및 운영에 관한 규칙(2019. 1. 10. 보건복지부령 제613호로 개정되기 전의 것)’으로 수정한다.

The following details shall be added between the third and fourth of the first instance judgment:

The former Rules on the Operation of Special Medical Equipment was amended by Ordinance of the Ministry of Health and Welfare No. 613 on January 10, 2019, and attached Table 1 of the Rules on the Operation of Special Medical Equipment [Attachment Table 1] concerning the standards for the recognition of the installation of special medical equipment shall, in principle, have at least one medical specialist in the non-exclusive film, as in the previous rules, but exceptionally a medical specialist who operates the video photographing equipment is not a medical specialist in the film.

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