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(영문) 서울고등법원 2019.05.22 2018누57959
과징금부과처분취소
Text

1. The judgment of the court of first instance is modified as follows.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is as follows 2. The relevant part of the judgment of the court of first instance is modified as stated in the reasoning of the judgment of the court of first instance (excluding the part of the judgment of the court of first instance excluding the part of the judgment of March 200), and such part is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. The amended part 7: (a) revises “only the entry” with the 6th below the 7th below the 10th below the 10th below the 10th below the 10th below the 10th below the 10th below the 10th amendment “if the 10th below the 10th below the 10th amendment “if the 2nd below the 6th below the 6th below the 10th below the 2nd below the 5th below the 5th below the 5th below the 5th “if the 9th below the 5th below the 5th “if the 5th below the 5th below the 11th amendment “if the 5th below the 8th below the 11th amendment “if the 5th below the 5th below the 111th amendment “if the 5th below the 5th below the 111th amendment “if the 5th below the 29196th below the 2

4.(a)

(b) the Commission;

C. The reason why the amount of business suspension or penalty surcharge may be mitigated or exempted is further specified in the Ministry of Health and Welfare’s announcement; specific standards for reduction and exemption were delegated to the Ministry of Health and Welfare; accordingly, even if “the criteria for administrative disposition reduction and exemption of medical care institutions and the types of false claims” (Notice No. 2018-222 of the Ministry of Health and Welfare, Oct. 16, 2018) were enacted, it is necessary to increase the likelihood of prediction by embodying the existing type of “the cases where medical care benefit costs are borne by using continuous trees”; and it is difficult to view that the meaning of “sever” is newly created

[1] From the last 11th parallel to the 12th parallel.

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