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(영문) 서울고등법원 2020.09.10 2019누64879
과징금부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Minister of Health and Welfare against the Plaintiffs on January 14, 2019.

Reasons

1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following cases. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The number of pages 15 through 11 of the first instance judgment shall be as follows.

“2) Legal doctrine relating to (i) the provision of insurance benefits for the prevention, diagnosis, and rehabilitation of diseases and injury, for childbirth death, and for the improvement of social security. The former National Health Insurance Act was enacted for the purpose of contributing to the improvement of national health and the promotion of social security by providing citizens with medical benefits to those who have difficulty in living. The Medical Care Assistance Act was enacted for the purpose of contributing to the improvement of national health and the promotion of social welfare by providing them with medical benefits (see, e.g., Supreme Court Decision 2015Du36485, May 30, 201). Accordingly, the provision of medical benefits and the receipt of medical care benefits in violation of any other individual administrative law should be determined based on the legislative purpose and regulation different from that of the former National Health Insurance Act (see, e.g., Supreme Court Decision 2015Du36485, May 30, 201). In light of the legislative purpose of Article 98(1)1 of the former National Health Insurance Act and Article 28(1)1).

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