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(영문) 대구지방법원 2017.06.23 2017구합20875
행정처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff is a party-based partnership B (hereinafter “B”) with the authorization of establishment on June 23, 2009.

(2) The Defendant is a special public service corporation in charge of health insurance, such as management of qualifications for national health insurance, imposition and collection of insurance premiums, payment of medical care benefit costs, decision-making and collection of unjust enrichment, etc. under the National Health Insurance Act.

B. Around March 2015, the Defendant received the notification of the scheduled return of medical care benefit costs from the Daegu Pacific Police Station to the Seo-gu District Prosecutors’ Office on the ground that the Plaintiff and B operated the Danawon who is a medical institution without a medical institution establishment qualification. (2) The Defendant sent the notification of scheduled return of the scheduled return of medical care benefit costs to the Plaintiff on April 7, 2015 and received it on April 8, 2015 by sending the scheduled return of medical care benefit costs to the Plaintiff.

B and C Council members confirm the violation of the standards for establishment (Article 33(2) of the Medical Service Act) as a suspected medical institution, and notify the Corporation of the scheduled recovery of the medical expenses and the cost for self-determination received by unfairly claiming medical expenses during the period of establishment.

With respect to medical treatment cases paid before May 21, 2013, the Corporation shall notify the Plaintiff of the restitution of the charges for medical expenses pursuant to the grounds under Articles 741 and 750 of the Civil Act, and the joint obligor B shall be notified of the redemption of the charges for medical expenses and the individual charges pursuant to the grounds under Article 57 of the National Health Insurance Act.

In addition, with respect to medical cases paid after May 22, 2013, it is jointly and severally notified with the Corporation's charges for medical expenses and the principal's charges under Article 57 of the National Health Insurance Act (B).

A ground for recovery: The method of recovery under Articles 741 and 750 of the Civil Act, Article 57 of the National Health Insurance Act: The expected amount to be recovered in cash and detailed contents: See 3 plaintiff.

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