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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Circumstances and details of the disposition;
A. The Plaintiff is a doctor to establish and operate a “C convalescent Hospital” (hereinafter “instant hospital”) in Busan Dong-gu.
B. On September 11, 2017, the Defendant issued a disposition suspending qualification for the Plaintiff’s medical license for four months (from March 1, 2018 to June 30, 2018) as follows:
(2) The Plaintiff, as a medical doctor of the instant hospital from July 14, 2010 to October 4, 201, filed a request for review by submitting a statement of expenses for medical care benefits and medical care benefits to the Health Care Review and Assessment Service as if the Plaintiff provided medical treatment on the date the Plaintiff did not provide medical treatment for patients who were provided with medical treatment at the instant hospital from July 14, 2010 to October 4, 201. The Plaintiff received notice of the results of the review and received 31,474,920 won over 2,775 times from the National Health Insurance Corporation that believed the truth, under the name of 3,649,510 won from the Busan Metropolitan City Office as medical care benefit costs, and received 3,649,510 won as medical care benefit costs for 194 times in total (1,831,570,240, 305, 271, 2017).
2. Individual standards:
(a) [Attachment] [Attachment] 38 [Attachment] / [Attachment] / contain no dispute, Eul evidence 1 (including supplementary numbers; hereinafter the same shall apply);
statement, the purport of the whole pleading
2. Whether the lawsuit of this case is lawful
A. The Defendant’s lawsuit of this case prior to the merits is unlawful, even if the period for filing the lawsuit expires.
B. Comprehensively taking account of the written evidence Nos. 1, 2, and 3 of the judgment, the Plaintiff received the instant disposition on September 14, 2017, and the Defendant received a request from the Plaintiff to change the execution period of the instant disposition, and the original execution period of the instant disposition changed on February 14, 2018.