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(영문) 인천지방법원 부천지원 2018.08.08 2017가합102524
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From May 23, 2013 to September 1, 2014, the Plaintiff operated C Hospital in Incheon Strengthening Gun B (hereinafter “instant hospital”).

B. On July 28, 2014, the chief of the Incheon Reinforcement Police Station notified the Defendant of the investigation results to the Plaintiff.

(hereinafter “Notification of the Investigation Results of this case.” The notification of the investigation results include the following: “The Plaintiff established and operated a medical institution with accomplices, and provided convenience to attract patients (Articles 27(3) and 33(8) of the Medical Service Act).”

C. On August 8, 2014, the Defendant notified the Plaintiff of the refusal of payment of the medical care benefits costs for the six months that the instant hospital applied for by the instant hospital on the ground that “the instant hospital confirmed as a medical institution that violated the Medical Service Act by the instant investigation result notification shall be refused to pay the medical expenses from July 28, 2014.”

(2) Article 57(1) of the National Health Insurance Act provides that “The instant disposition to refuse the payment of medical care benefits” (hereinafter “instant disposition to refuse the payment”), and the Defendant notified the Plaintiff of the decision to recover the medical care benefits that the instant hospital had already paid from May 23, 2013 to May 31, 2014 (hereinafter “the first disposition to recover”) on the ground that the Plaintiff violated the Medical Service Act due to dual establishment and operation of medical institutions, and notified the Plaintiff of the decision to recover the medical care benefits already paid to the instant hospital from June 2014 to August 10, 2015 (hereinafter “the second disposition to recover”).

On August 19, 2014, the prosecutor: (a) conspired with D to establish and operate a medical institution in duplicate; (b) violated the Medical Service Act by inducing patients over 87 occasions by providing convenience to homeless persons; and (c) induceds from May 2013 to May 2014 at the instant hospital that was established in duplicate.

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