The Defendant’s disposition to recover medical care benefit costs rendered to the Plaintiff on March 2, 2018 is revoked.

Costs of lawsuit shall be borne by the defendant.

1. On March 2, 2018, the Defendant: (a) in violation of Article 4(2) of the Medical Service Act, as a dentist from September 3, 2013 to May 2017, the Defendant: (b) established and operated “Dental clinic” (hereinafter “instant clinic”) in the name of a dentist in the name of Jeonnam Navy-gun (hereinafter “instant hospital”); (c) the instant member cannot be a medical care institution under the National Health Insurance Act. Nevertheless, the Plaintiff rendered the instant medical care benefits to the medical personnel; (d) provided the Defendant with medical care benefits for the sum of KRW 578,020,70, and received the medical care benefits from the Defendant by fraudulent or other unjust means; and (e) rendered a disposition to recover the said medical care benefits (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The details of the relevant statutes are as shown in the attached statutes.

B. 1) Whether the Plaintiff’s assertion grounds for disposition is recognized or not does not constitute “the case where the medical care benefit costs are paid by accelerating or any other unlawful means” under Article 57(1) of the National Health Insurance Act. Therefore, the instant disposition is unlawful. (A) According to relevant provisions and legal principles (i) pursuant to Article 42(1)1 of the National Health Insurance Act, a medical institution established under the Medical Service Act is naturally a health care institution under the National Health Insurance Act. Article 57(1) of the National Health Insurance Act provides, “The Defendant collects all or part of the amount equivalent to the insurance benefit costs from the health care institution that has received the insurance benefit costs by deceit or other unjust means” (Article 57(1) of the National Health Insurance Act.