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(영문) 서울고등법원 2020.05.13 2015누43263
요양급여비용지급보류, 정지처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant sent to Plaintiff A on February 11, 2014, and Plaintiff B and C on February 26, 2014.

Reasons

1. The reasons why the court made this part of the disposition are the same as the entry of "the reasons why the disposition was taken" as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Thus, the reasons why this part of the disposition was made are cited as they are in accordance with Article 8(2) of the Administrative

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion as to this part is identical to the description on “A. Plaintiff’s assertion” as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, insofar as each of the instant hospitals was established and operated by D substantially, insofar as the Plaintiffs possessing qualifications and licenses provided health insurance policyholders or their dependents with health care benefit at each of the above hospitals established under the Medical Service Act, the application for payment of health care benefit cannot be refused on the ground of the foregoing reasons. Thus, the court’s assertion as to the establishment of the instant hospital pursuant to Article 8(2) of the first instance court’s judgment and the main text of Article 420 of the Civil Procedure Act is identical to the description on “6 of the first instance court’s judgment.” Since the grounds for use of this part are the same as the description on “related Acts and subordinate statutes,” Article 8(2) of the Administrative Litigation Act, and Article 420 of the Civil Procedure Act, and Article 8(2) of the Civil Procedure Act, 201 of the court’s allegation as to this part of the first instance judgment.

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