beta
Text
1. The Defendant’s KRW 21,981,619,370 for the Plaintiff and 5% per annum from May 29, 2013 to August 31, 2017.
Reasons
1. Facts of recognition;
A. Under the National Health Insurance Act, the Plaintiff is a non-profit special public corporation that manages and operates health insurance affairs, such as management of qualifications for national health insurance, determination and collection of unjust enrichment, and payment of health care benefit costs reasonably claimed by a health care institution.
B. Although the Defendant was not entitled to establish a pharmacy under the name of a pharmacist B and B, the Defendant agreed to substantially operate the pharmacy. From December 24, 2004 to February 22, 2015, the Defendant opened and operated the “D pharmacy” on the Nam-gu Incheon Metropolitan City C and the first floor (hereinafter “instant pharmacy”), and was paid by the Plaintiff totaling KRW 26,49,585,631 as medical care benefits for the instant pharmacy.
C. The Defendant was prosecuted as a violation of the Pharmaceutical Affairs Act on the facts constituting the crime, etc. described in the foregoing paragraph (2) (the Incheon District Court Decision 2016Da2493), and was sentenced by the court for a suspended sentence of three years and a fine of 10,00,000 won in imprisonment for one year and six months. The above judgment against the Defendant became final and conclusive after it became final and conclusive. D. The Defendant’s total sum of the medical care benefits for the treatment from June 29, 2006 to April 30, 2013 during the period of establishing the pharmacy of this case is KRW 21,981,619,370, and the final payment date for the treatment portion in April 28, 2013 is the date of the final payment for the treatment portion in April 2013.
2. Determination
A. Articles 20(1) and 93(1)2 of the former Pharmaceutical Affairs Act (amended by Act No. 13114, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”) limit the qualification of a pharmacy founder to “pharmaceutical” or “herb pharmacist”, and strictly prohibit a person who is not qualified to establish a pharmacy from establishing a pharmacy. In the event of a violation thereof, by providing for criminal punishment, a person who is not qualified to establish a pharmacy contributes to the improvement of public health based on the appropriateness of the preparation and sale of drugs, etc.
In addition, the former National Health Insurance Act was amended by Act No. 11787 on May 22, 2013.