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(영문) 서울고등법원 2012.12.07 2009누24926
과다본인부담금확인처분등취소
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the Defendant limited to the Plaintiff on March 19, 2007.

Reasons

1. The plaintiff sought revocation of each refund disposition stated in the purport of the claim, but the court of first instance declared a judgment citing only the part of each selective medical cost that is seen later.

Accordingly, the plaintiff, the defendant and the intervenor appealed the appeal against each part against which they lost, but the plaintiff withdraws the appeal against the remainder other than the part regarding the intervenor.

Therefore, the scope of this Court’s trial is limited to “the part concerning the intervenor” and “the part concerning each selective medical care fee” among the part concerning C, D, E, and F of the refund disposition stated in the purport of the claim.

2. Details of the disposition;

A. Under the National Health Insurance Act, the Plaintiff is a school juristic person which establishes and operates a G hospital (hereinafter “Plaintiff hospital”) which is a medical care institution under the National Health Insurance Act, and the Intervenor is a subscriber to the National Health Insurance, and C, D, E, and F (hereinafter “ Intervenor”) is a beneficiary of the Medical Care Assistance Act.

B. All of the patients of this case were suffering from acute bruptal leukosiss, who received treatment at the Plaintiff hospital, and paid their own charges to the Plaintiff hospital, as follows.

The treatment period for the wounded in question shall be from March 18, 2004 to August 21, 2006 to August 21, 2006 to from January 3, 2005 to July 17, 365, 231 D from July 14, 2005 to April 27, 2006 to September 21, 2005 to September 18, 2005 to September 21, 2005 to September 31, 2005 to May 126, 2006;

C. From May 2006 to December 12, 2006, the winners of the instant case requested the Defendant to verify whether each of the above charges was excluded from the medical care benefits or medical care benefits under the National Health Insurance Act.

As a result of the examination, the Defendant: (a) Rule on the Standards for Medical Care Benefits in National Health Insurance (hereinafter “Rules”); (b) Health Insurance Care Benefits and its relative value points; and (c) the standards and methods for applying medical care benefits.

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