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(영문) 서울행정법원 2015.07.23 2014구합56116
요양기관 업무정지처분 취소 등 청구의 소
Text

1. The plaintiff's lawsuit against the defendant National Health Insurance Corporation shall be dismissed;

2. The Minister of Health and Welfare on November 20, 2013

Reasons

1. Details of the disposition;

A. The Plaintiff is a pharmacist who takes over and is operating a “D Pharmacy” (hereinafter “instant pharmacy”) located in Dai-gun, Dai-gun, Dai-gun, Chungcheongnam-gun, which was operated by the pharmacist B on February 22, 2009.

B. From March 19, 2012 to March 22, 2012, the Defendant Minister of Health and Welfare (hereinafter “the Minister of Health and Welfare”) implemented the details of pharmaceutical manufacture and sale of the instant pharmacy from October 1, 2009 to June 30, 201, and from December 1, 201 to February 29, 201, and from February 29, 2012 (hereinafter “the period subject to investigation”) and the details of pharmaceutical drug preparation and sale conducted during the period subject to investigation (hereinafter “the period subject to investigation”) under Article 43(1) of the former National Health Insurance Act (amended by Act No. 11041, Sept. 15, 201; hereinafter “former National Health Insurance Act”) and the details of a request for medical care benefit under Article 11(1) of the former Medical Care Assistance Act (amended by Act No. 10784, Jun. 7, 2011; hereinafter “former Medical Care Assistance Act”).

C. On October 16, 2013, Defendant Minister: “A list of alternative medicines prepared by the Plaintiff in accordance with the former National Health Insurance Act” and “A list of medicines requested by the Minister of Food and Drug Safety, which, during the investigation period, deemed to have biological equivalence with the said medicine”; “A list of medicines entered in the prescription with the patient and the Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”) without notifying the doctor who issued the relevant prescription of the preparation of alternative medicines,” and “the same list of medicines entered in the prescription with the patient and the Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”); and “the medical care benefit costs” are the sum of the medical care benefit costs paid by the Plaintiff upon the Plaintiff’s request by the patient and the Defendant Corporation by fraudulent or other unjust means.

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