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(영문) 서울고등법원 2019.05.01 2018누65271
요양기관업무정지처분취소
Text

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

The plaintiff's claim against the defendant.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the entry of “1. Circumstances of dispositions” stated in 2-4 pages of the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

From the last 2 to 3 pages, “Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”)” shall be deemed to be “Defendant Joint Defendant National Health Insurance Corporation (hereinafter “Corporation”) in the first instance trial.”

The part of the judgment of the court of first instance stating "Defendant Corporation" shall be deemed "Corporation".

4 The following shall be added to the second Schedule:

A person shall be appointed.

F. After the judgment of the court of first instance was rendered, the Plaintiff filed an application with the Defendant to change the business suspension of the instant medical care institution into the imposition of a penalty surcharge. On September 18, 2018, the Defendant accepted the application, and changed the disposition to impose a penalty surcharge of KRW 151,353,660 (hereinafter “instant imposition of a penalty surcharge”). The instant disposition to impose a penalty surcharge of this case and the disposition to suspend the business of the instant medical care institution together with the instant disposition to impose a penalty surcharge of this case.

The following shall be deleted from the 4th day below to the 5th day. The 4th day below shall be from the 4th day to the 3th day below as follows: 【Ground for Recognition】 The 1, 2, 10, 14, and the 13th day below shall be deleted: 【Ground for Recognition】 The 1, 1, 2, 10, 14, and the purport of the whole pleadings:

2. The grounds for the court’s explanation on this part of the relevant statutes are as stated in the part of the “related Acts and subordinate statutes” written in the judgment of the court of first instance (attached Form). Therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the defendant's main defense

A. On October 23, 2017, the defendant's summary of the defendant's assertion was ordered to suspend the business of the medical care institution of this case against the plaintiff.

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