1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. B is a person who actually operated a dental clinic (hereinafter “instant clinic”) in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

The plaintiff is a dentist employed by B and performed medical practice in the above hospital after obtaining permission to establish a medical institution for the member of the instant hospital with him/her as the founder.

B. On March 29, 2018, the Defendant issued a disposition to recover medical care benefit costs of KRW 239,511,280 (hereinafter “instant disposition”) to the Plaintiff pursuant to Article 57(1) of the National Health Insurance Act, and to recover medical care benefit costs of KRW 580,605,790 in relation to violation of Article 33(2) of the Medical Service Act (Prohibition of Establishment of Unqualified Medical Institutions) (hereinafter “instant disposition”) on April 16, 2018.

Defendant A (referring to the Plaintiff) in violation of the Medical Service Act was employed by the D dental clinic from April 7, 2014 to March 31, 2017, under the condition that he/she received KRW 5 million per day, while being aware that B cannot establish a dental clinic due to the lack of a dentist’s license.

Accordingly, Defendant A was employed by a person who is not eligible to establish a medical institution and provided medical services.

Defendant A, who violated the Act on Special Measures for the Control of Public Health Crimes, established a medical institution under his/her name in order to assist him/her with the knowledge that he/she is engaged in dental practice even though he/she is not a dentist, and aided and abetting the unauthorized Medical Practice by being employed by himself/herself as a doctor and performing work together with B.

Where a person who is not eligible to establish a medical institution in violation of the Medical Service Act provides medical services by employing a medical doctor, he/she may not claim medical care benefit costs and medical care costs under the National Health Insurance Act.

Nevertheless, Defendant B and Defendant B.