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(영문) 광주지방법원 2014.08.28 2014구합571
요양급여비용환수결정통보취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The allegations of the parties and relevant statutes

A. On February 24, 2014, the Defendant notified the Plaintiff of the restitution decision of KRW 130,964,330 for the reason that the Plaintiff violated Article 4(2) of the Medical Service Act.

However, the Plaintiff did not violate Article 4(2) of the Medical Service Act.

Therefore, the notification of the above recovery decision should be revoked illegally.

B. Defendant 1) merely notifies the Plaintiff of the decision to recover the medical care benefit cost pursuant to Articles 741 and 750 of the Civil Act. Thus, the notice of the decision to recover the medical care benefit cost is not a disposition subject to appeal litigation. Therefore, the instant lawsuit is unlawful. 2) Even if the notice of the decision to recover the medical care benefit cost as notified by the Defendant falls under a disposition subject to appeal litigation, the medical care benefit cost notified by the Defendant is KRW 93,527,070, and the Plaintiff violated Article 4(2) of the Medical Service

(b) Entry in the attached Form of relevant statutes;

2. The place where the lawsuit of this case is legitimate

A. The disposition of an administrative agency, which is the subject of an appeal litigation, is, in principle, an act of an administrative agency under public law, and refers to an act directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or directly giving rise to other legal effects. Thus, an act that does not directly cause legal changes in

(See Supreme Court en banc Order 2010No111 Dated April 21, 201). B.

According to Gap evidence No. 1, on February 24, 2014, the defendant notified the plaintiff of the recovery decision of KRW 93,527,070 of the medical care benefit cost (hereinafter referred to as "the notice of recovery decision of this case") with the following contents attached to the statement of the decision of recovery of the medical care benefit cost.

[Notification of Decision on Recovery of Medical Care Benefit Costs] - Articles 741 and 750 of the Civil Act - Article 4(2) of the Medical Service Act.

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