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(영문) 서울행정법원 2020.05.21 2017구합89742
요양급여비용 환수처분 취소
Text

1. Of the instant lawsuit, the part demanding the revocation of the disposition listed in the [Attachment No. 1] shall be dismissed.

2. The defendant.

Reasons

Details of the disposition

The plaintiffs shall have the intention to establish and operate each medical care institution listed in the attached list or to have actually operated it.

1. H and Plaintiff A may not establish a medical institution, other than doctors, etc. (a doctor, dentist, herb doctor, midwife, State, local government, medical corporation, non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act) prescribed by the Medical Service Act for the establishment of a non-medical person (I) ;

H decided to take charge of building lease and interior construction, employment of employees, financing of operating funds, and management of earnings by investing KRW 400 million in a medical institution, and the plaintiff A decided to act as a partner in a manner that would bring about KRW 30 million every month in return for providing the name of the establishment of a medical institution, and providing the medical equipment and medical care that have been brought to the existing hospital operated by the medical institution.

H and Plaintiff A conspiredd as above, on March 24, 2015, with the name of “Iwon” in which the Plaintiff was the founder of the Gangnam-gu Seoul J 3rd-gu J as the Plaintiff, and operated the medical institution from March 24, 2015 to January 18, 2016.

Accordingly, H and Plaintiff A conspired to establish a medical institution by non-medical personnel.

2. Crimes committed by Plaintiff A (A-E) and Plaintiff D (E): Medical personnel establishing duplicate medical institutions may not establish and operate two or more medical institutions under any pretext.

Plaintiff

A, from March 24, 2015 to January 18, 2016, as its founder, from January 19, 2016 to March 7, 2016, as Plaintiff C’s founder; and from March 8, 2016 to May 31, 2016, as Plaintiff B’s founder, the “I” was established; from March 8, 2016 to May 31, 2016, as Plaintiff B; from April 6, 2016 to June 30, 2016, as the founder of the K K K’s original datum; and from July 1, 2016 to April 27, 2017, the “K’s Busan original datum” was additionally established and operated.

Plaintiff

A’s co-principal conduct with Plaintiff G:

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