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(영문) 서울행정법원 2018.08.23 2018구합54699
부당이득금 징수처분 무효확인 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A (hereinafter “Plaintiff Foundation”) is a social welfare foundation established on October 8, 1984, which had its principal office in Yongsan-gu Seoul Metropolitan Government and has implemented social welfare projects, such as social welfare facility support projects. Plaintiff B worked as the representative of the Plaintiff Foundation from June 21, 2007 to June 21, 2013.

B. On October 16, 2017, the Defendant requested the Plaintiff B to “prior notice of disposition of unjust enrichment on medical benefits established by a non-medical institution providing medical treatment” and submit his/her opinion by no later than the 31st day of the same month as follows.

2. In accordance with Article 33(2) of the Medical Service Act and Article 23 of the Medical Care Assistance Act, the Defendant’s intent to collect unjust enrichment on the amount found to have been unjustly paid for the wrongful operation and medical care costs is to be collected, and the Defendant sent the “written advance notice of disposition” pursuant to Article 21(1) of the Administrative Procedures Act and sent the “written advance notice of disposition” pursuant to Article 21(1) of the Administrative Procedures Act. As a result of an investigation conducted by an investigative agency on the institution providing medical benefits established by the Plaintiff B of the prior notice of disposition, he/she notifies the Defendant of the content of the disposition he/she intends to claim for

(b)

1. Unfair amount confirmed as a result of the investigation, 235,983,350 won (unfair amount: Addition);

2. Collecting medical benefits from a medical institution that establishes a medical institution without a medical person under a title of the scheduled disposition;

4. A person who is unable to establish a medical institution under Article 33 (2) of the Medical Service Act due to the cause of disposition, but establishes a medical institution and unfairly receives medical care expenses;

5. Collection of the amount of money which the person intends to dispose of, 235,983,350 won.

6. Article 23 of the Medical Care Assistance Act; Articles 35, 741, 750, and 760 of the Civil Act; Article 33 of the Medical Service Act / [Separate ] Unfair Amount

2. Results of investigation:

A. (Intermediation) Plaintiff B is the representative of Plaintiff Foundation D.

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