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1. The Defendant’s KRW 728,071,640 for the Plaintiff and KRW 5% per annum from July 7, 2009 to July 24, 2017.
Reasons
1. Basic facts
A. Under the National Health Insurance Act, the Plaintiff is a non-profit special public corporation that manages and operates health insurance affairs, such as management of qualifications for national health insurance, determination and collection of unjust enrichment, and payment of health care benefit costs reasonably claimed by a health care institution.
B. Around 2007, the Defendant: (a) determined monthly salary of KRW 2,500,000 as KRW 3,00,000 as a pharmacist; and (b) concluded an agreement with the deceased to establish a pharmacy in the name of the deceased by lending a pharmacist’s license from the deceased (hereinafter “instant agreement”).
In accordance with the agreement of this case, from May 31, 2007 to June 10, 2009, the Defendant leased the deceased’s pharmacist’s license to establish and operate the Busan Jung-gu C D pharmacy (hereinafter “the instant pharmacy”).
C. From July 9, 2007 to July 6, 2009, the Plaintiff paid a total of KRW 728,071,640 as medical care benefit costs to the instant pharmacy.
The Defendant was indicted in violation of the Pharmaceutical Affairs Act by Busan District Court Decision 201 High Court Decision 201Da3471 on the criminal facts that “a pharmacy was established and operated by employing the deceased, who is not a pharmacist,” and the said court issued a summary order of KRW 2,00,000 on March 17, 201, and the said summary order became final and conclusive on March 26, 2011.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. Articles 93(1)2 and 20(1) of the former Pharmaceutical Affairs Act (amended by Act No. 9819, Nov. 2, 2009; hereinafter “former Pharmaceutical Affairs Act”) limit the qualification of a pharmacy founder to a “pharmaceutical” or “herb pharmacist”, and strictly prohibit a person who is not qualified to establish a pharmacy from establishing a pharmacy. In the event of a violation thereof, the penal punishment should be imposed on the person who is not qualified to establish a pharmacy, thereby improving the national health.