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(영문) 서울행정법원 2016.10.06 2016구합2854
의료법위반신고관련구조금지급신청결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. On October 1, 2012, from around October 1, 2012 to August 10, 2013, the Plaintiff served as the chief of the prime administration at the B oriental medical hospital located in Si interesting cities (hereinafter “B oriental medical hospital”).

B. On October 1, 2013 and October 18, 2013, the Plaintiff reported the fact that “A, a non-medical person, was established at the National Health Insurance Corporation on two occasions,” etc., “The Director of the National Health Insurance Corporation (BB herb Administrative Director), a non-medical person, was unfairly claiming medical care benefit costs.”

(hereinafter “instant report”). Accordingly, C, etc. was convicted of a violation of the Medical Service Act and a crime of fraud on December 17, 2015, and was convicted of a violation of the Medical Service Act (U.S. District Court Decision 2014Da11000), and C, etc. were dissatisfied with the said judgment and still pending appellate trial.

(C) The District Court 2016No255).

After that, the Plaintiff served as the chief of the headquarters from November 20, 2013 to June 3, 2014 as D’s members (hereinafter “D’s members”).

On April 2014, the Plaintiff filed a petition against E (D’s representative) on the ground of the overdue payment of wages (e.g., February 2, 2014) with the competent Regional Employment and Labor Office in Ansan District Office.

(At that time, E had been in arrears with a considerable amount of wages to other employees than the Plaintiff, and D Council members closed their business around December 2014).

On the other hand, on April 30, 2014, the Silung Police Station, which had conducted the investigation of the instant report, distributed to the media materials stating that “The Silung Police Station, which obtained an intelligence that the hospital is operated in the form of “the office hall” from the former head of the hospital, and conducted the investigation.” The content thereof was reported through the Internet engineer, etc. on May 30, 2014.

Accordingly, on May 20, 2014, the Plaintiff demanded confirmation of the circumstances leading to the disclosure of identity.

On March 11, 2015, the defendant requested the Commissioner General of the Korean National Police Agency to take disciplinary action against relevant police officers (F, G, and H), and notified the plaintiff of the result on July 2, 2015.

E. On August 29, 2014, the Plaintiff’s withdrawal from D Council members and then interesting City.

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