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(영문) 수원지방법원 2013.07.18 2012노3809
사기등
Text

The defendant's appeal is dismissed.

The request for adjudication on the constitutionality of the instant case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no deception or fraud in receiving subsidies from the National Insurance Corporation, such as the attached crime list of the judgment below, the court below found the defendant guilty of this part of the charges. The judgment of the court below is erroneous in the misunderstanding of facts and affecting the conclusion of the judgment.

B. The court below found the defendant guilty of this part of the facts charged because the defendant's misunderstanding of the legal principles (as to the violation of the Act on Welfare of Persons with Disabilities) does not constitute artificial limbs and aids under Article 69 (2) of the Act on Welfare of Persons with Disabilities. Thus, even if the defendant manufactures artificial limbs and aids without having a technician of artificial limbs and aids, it cannot be viewed as violating Article 87 subparagraph 8 of the same Act. Thus, the court below erred by misapprehending the legal principles, which affected the conclusion

2. Determination

A. The following facts or circumstances acknowledged based on evidence duly adopted and examined by the court below and the trial court: ① employer’s complaint was raised against the Guarantee Gu for Persons with Disabilities produced and sold by an unqualified business operator; the Minister of Health and Welfare amended and published the detailed contents of the Health and Welfare Notice No. 2008-11 ( February 15, 2008) around February 15, 2008 as the Ministry of Health and Welfare Notice No. 2008-1 of the Standards for Insurance Benefits for Persons with Disabilities, etc.; and Article 1 of the Addenda provides that “this Notice shall be implemented from February 15, 2008,” which provides that “this Notice shall be implemented as from February 15, 2008, only insurance benefits shall be paid to assistive devices manufactured and repaired by an artificial limbs and aids technician pursuant to Article 2 of the above detailed contents.”

(2) Upon the entry into force of Article 2008-11 of the Ministry of Health and Welfare’s notice, the National Health Insurance Corporation shall provide artificial limbs aids to companies related to oral production for the disabled in accordance with the Ministry of Health and Welfare’s notice on the designation, etc. of rehabilitation aids items under Article 2008-11 of the Act on Welfare of Persons with Disabilities.

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