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(영문) 부산고등법원 2020.06.10 2019나58615
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person whose purpose is the health insurance business under the National Health Insurance Act, and the Defendant is the actual operator who established and operated the C Medical Center (hereinafter “instant hospital”) which is a medical institution of the Association B (hereinafter “instant hospital”).

B. Although the Defendant’s operation of the instant B and the hospital is not a medical person, the Defendant was unable to establish a medical institution because it is not a medical person, the Plaintiff falsely prepared minutes, written consent to the establishment of the association members, and written investment payment certificates, etc., and obtained authorization for the establishment of the instant B on April 25, 2008. On May 19, 2008, upon obtaining permission for the establishment of the instant hospital in the name of the instant B, the Defendant established the instant hospital in Busan Northern-gu D and operated the instant facilities such as hospital and beds, and operated the facilities such as medical doctors and nurses until October

C. The Defendant received unfair medical care benefit costs by employing medical doctors and nurses at the instant hospital, and claimed medical care benefit costs. The Plaintiff was notified of KRW 779,085,740 as the Corporation’s charges.

From February 19, 2009 to October 19, 201, the Plaintiff is entitled to claim the payment of medical care benefit costs from the costs of medical care benefits to the NHIS under Articles 47(3), 47(4), and 47 (Claims, Payment, etc. for Medical Care Benefit Costs) (1) of the National Health Insurance Act.

In such cases, the request for examination of medical care benefit costs under paragraph (2) shall be deemed the claim for medical care benefit costs for the Corporation.

(2) A medical care institution that intends to claim for medical care benefit costs under paragraph (1) shall file a request for review of medical care benefit costs with the Review and Assessment Service, and the Review and Assessment Service in receipt of a request for review shall promptly notify the NHIS and the

(3) The NHIS notified of the details of examination under paragraph (2) shall, without delay, pay medical care benefit costs to medical care institutions according to the details.

In such cases, the amount of co-payment already paid shall be as prescribed in paragraph (2).

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