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(영문) 서울행정법원 2015.08.27 2014구합20131
요양급여비용환수처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The Plaintiffs were married pharmacists, and Plaintiff A established the “D Pharmacy” in Changwon-si, Changwon-si, Changwon-si, Masan-si, on November 1, 1988, and Plaintiff B established the “F Pharmacy” in Changwon-si E on November 1, 1989.

Plaintiff

A for a period from June 2007 to September 201, 201, Plaintiff B had Plaintiff B provide medical care benefits, such as preparation, sale, etc. of drugs, in his/her own name, and received a total of KRW 765,312,470 by claiming for medical care benefits under his/her own name. While Plaintiff B had Plaintiff A manage the F Pharmacy and provided medical care benefits, it received a total of KRW 1,167,838,020 by claiming for medical care benefits under his/her own name, even though Plaintiff B had Plaintiff A provide medical care benefits, such as preparation, sale, etc. of drugs.

The Defendant recovered the following medical care benefits by applying Article 52(1) of the former National Health Insurance Act (wholly amended by Act No. 11141, Dec. 31, 2011; hereinafter the same) and Article 52(1) thereof, on the ground that, during the period from June 2007 to September 2011, Plaintiff A, a pharmacist, who is not the founder of the F Contracting State, claimed expenses for medical care benefits while managing the D Contracting State for a period of 52 months from June 2007 to September 201, the Defendant: (a) claimed expenses for medical care benefits to Plaintiff A, a pharmacist, who is not the founder of the F Contracting State, while managing the F Contracting State; and (b) claimed expenses for medical care benefits to Plaintiff B and received them unfairly after claiming expenses for medical care benefits.

(1) The Plaintiffs, A, and B, sought the revocation of the previous disposition on July 16, 2012, including the sum of 627,206,900,907,279,940 on September 24, 2012, 765,312,4701, 167, 838,020 Plaintiffs A, and B, seeking the revocation of the previous disposition around that time.

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