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(영문) 서울고등법원 2018.09.06 2018누47815
요양급여비용환수고지처분취소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for cases where the part of the judgment of the court of first instance 4-6 pages 1), and thus, it is citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 【1] Whether a medical person constitutes a case where an unqualified person provided medical treatment.” Article 2(1) of the Medical Service Act provides that “medical person means a medical doctor, dentist, oriental medical doctor, midwife, midwife, or nurse who has obtained a license from the Minister of Health and Welfare.” Article 27(1) of the same Act provides that no person

In addition, Article 2(2)5 of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; hereinafter “former Medical Service Act”) provides that “A nurse shall perform the duties of nursing or medical treatment for a sick or wounded sick or dissolved woman and health activities prescribed by Presidential Decree.”

[2] Article 2(2)5 of the Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; effective September 30, 2016; Article 2(2)5 of the Medical Service Act (amended by Act No. 13658, Sep. 30, 2016; hereinafter referred to as “the Medical Service Act”) provides that the scope of a nurse’s services shall be provided under the doctor’s guidance, guidance, etc. for assistance in the services referred to in items (b) through (c) performed by a nurse under Article 80. Meanwhile, Article 80(2) of the former Medical Service Act provides that “A nurse may be provided with assistance in the nursing service despite Article 27.” Article 80(3) provides that “The matters necessary for the qualifying examination, recognition of qualifications, limitation, etc. of a nurse’s services shall be prescribed by Ordinance of the Ministry of Health and Welfare.” Accordingly, Article 2(1) of the Rules on Assistant and Medical Care Service Providers (amended by Ordinance No. 472) provides that

B. According to the interpretation of the above-mentioned relevant statutes, a nursing assistant shall be appointed.

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