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(영문) 서울행정법원 2016.07.21 2015구합83238
심사불능처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are medical specialists who establish and operate each of the film department, and the Defendant is a public corporation that is entrusted by an insurance company, etc. to examine and adjust motor vehicle insurance medical fees pursuant to Article 12-2(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Liability Act”) and Article 11-2 of the Enforcement Decree of the same Act.

B. The Plaintiffs received a request from another medical institution for medical treatment for each of the hospitalized patients listed in the separate sheet due to a traffic accident, and filed a request for examination of motor vehicle insurance medical fees with the Defendant.

C. However, with respect to the plaintiffs' request for review of motor vehicle insurance medical fees, the defendant prepared detailed statement of the claim for and statement of motor vehicle insurance medical fees publicly notified by the defendant pursuant to Article 20(8) of the Regulations on Review of Motor Vehicle Insurance Medical Fees (Public Notice of the Ministry of Land, Infrastructure and Transport No.

Ⅲ Statement of medical fee; and

1. General matters;

A. Article 10(5) of the Act provides that “In the case of an in-patient who has received a request for medical treatment from another medical institution, he/she shall file a request with the medical institution which requested the medical treatment.”

(hereinafter “each of the instant return acts”). [Grounds for recognition] The fact that there is no dispute, entry in Gap’s evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. The plaintiffs' assertion made detailed statement of the motor vehicle insurance medical fees which the defendant used as the basis for each of the instant return acts exceeds the delegation scope of the upper provision on the review of motor vehicle insurance medical fees (Public Notice of the Ministry of Land, Infrastructure and Transport), and deprived the plaintiffs' right to request an examination of motor vehicle insurance medical fees. The plaintiffs are requested to provide medical treatment to traffic accident patients and traffic accident patients who are receiving outpatient medical treatment.

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