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(영문) 서울행정법원 2018.07.20 2017구합78063
행정고시 등 처분 무효 확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. Of the costs of lawsuit, the part arising between the plaintiffs and the defendant is the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are incorporated associations A and their affiliated doctors.

The defendant shall establish and publicly notify the standards for motor vehicle insurance medical fees in order to guarantee appropriate medical treatment for motor vehicle accident patients and to prevent disputes over medical fees between the insurance company (including the mutual aid business operator; hereinafter the same shall apply), medical institutions and motor vehicle

(hereinafter “instant notice”). (b)

The Defendant: (a) on September 8, 2015, on the ground that there was no detailed classification of acts as to the Korean Commercial Code, causing confusion in the time of filing a claim for motor vehicle insurance medical fees at a medical institution; (b) classified the Korean Commercial Code as 12 items, such as the Korean Commercial Code on September 8, 2015, including 12, such as 10, 201, 10, 2015, 200, 201, and 30, 300,000,000,000,000).

C. When the Defendant was pointed out that most of the amount in the above public document is “actual cost” and thus, there is possibility of excessive claim of insurance money, the Defendant implemented the public document “A notice of the standard for calculating medical fees and calculation of the Medical Fees and Medical Fees under the Korean Medical Fees for Accident Compensation Insurance Act” (No. 4; hereinafter “instant public document”) on August 31, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 4 through 7, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination on the defense prior to the merits

A. The Defendant’s assertion and determination 1) The summary of the Defendant’s assertion are merely used as reference material for the interpretation of the instant public notice, and do not directly affect the rights and obligations or legal interests of the people by themselves even without involvement in enforcement or enforcement. Thus, the instant public notice is not an administrative disposition subject to appeal litigation. 2) The instant public notice is a medical institution between an insurance company, a medical institution, and a traffic accident patient.

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