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(영문) 서울행정법원 2019.05.02 2018구합78374
요양급여비용 지급보류처분 취소청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff, a medical corporation established on May 16, 2007, established and operated the “C Hospital” (hereinafter “instant hospital”), which is a medical institution in Daejeon Jung-gu, Daejeon.

B. On August 13, 2018, the Defendant was notified of the following results of the investigation regarding D and E, a joint operator of the instant hospital, who is the Plaintiff’s representative, and the Plaintiff’s violation of the Medical Service Act and the case subject to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

The main contents: The results of the handling of the case against the suspected case, such as violation of the Medical Service Act, and D, the representative of the plaintiff related to the case, in our book, shall be referred to in the work of notification.

The suspect D is the representative director of the instant hospital from May 2007 to the present date, who is engaged in general business such as the management of funds for the operation of the hospital, and actually operates the hospital.

The suspect E is a suspect D and a high school, as well as a person who has contributed to the establishment of a part of the above hospital, and jointly operated the instant hospital until the end of December 2016, such as the suspect D.

The plaintiff is a non-profit corporation for the purpose of establishing and operating a medical institution.

No person, other than doctors, herb doctors, dentists, midwifes, the State or local governments, medical corporations, nonprofit corporations, quasi-governmental institutions, etc., may establish a medical institution.

The Defendant D and E contributed fundamental property, such as land, buildings, and medical equipment owned by the suspects on April 22, 2017, and prepared the articles of incorporation on the establishment of the instant hospital for the purpose of establishing a medical institution and providing medical services, and constituting 4 directors and 1 auditors, and meet the requirements for establishing a formal corporation. The facts on May 15, 2007 do not constitute a general meeting of promoters of a medical corporation.

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