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(영문) 서울고등법원 2015.08.25 2014누68968
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasons why the court should explain the above part of the judgment of the court of first instance are the same as the reasons stated in the judgment of the court of first instance, except for the cases of using or adding each corresponding part of the reasons for the judgment of the court of first instance as follows. As such, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is. The part “The above disposition is unlawful against the principle of trust protection,” in Article 11 and Article 12 of the 8 of the 5th part of the 5th part of theO “the error of calculating the cost of meals was reported.” The Ministry of Health and Welfare subsequently announced that 44 medical care institutions which reported correction through the news report on July 21, 2010 were exempted from an on-site investigation and administrative disposition. Nevertheless, the Defendant conducted an on-site investigation after two years from the date of voluntary reporting, and thus, based on the National Health Insurance Act’s reliance and protection of KRW 482,9708,10.4”

(4) In addition, Article 61(1) [Attachment 5] of the former Enforcement Decree of the National Health Insurance Act (wholly amended by Presidential Decree No. 24077, Aug. 31, 2012) and Article 61(1) [Attachment 5] and [Attachment 5] of the former Enforcement Decree of the National Health Insurance Act (wholly amended by Presidential Decree No. 24077, Aug. 31, 2012) are added to “(454,454,480 on the ground that the Plaintiff filed a false claim for medical care benefit costs on May 26, 2010.”

O 13. The following terms shall read "20...."

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