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(영문) 광주고등법원 2020.11.27 2020누10837
요양급여 부지급 처분 취소
Text

The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows. As to the assertion that the plaintiff added or emphasized in this court, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for an additional determination under paragraph (2) below, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

the second 15th day.

The main sentence of the paragraph shall be filled by the following:

C. Meanwhile, the Minister of Health and Welfare from May 1, 2019 to January 7, 2019 for the following reasons:

7. By March 31, 200, a disposition was taken to suspend the license of a doctor for three months (hereinafter “instant disposition of suspending the license”).

On January 8, 2019, the Minister of Health and Welfare sent the instant written disposition of license suspension by registered mail to the address of D’s resident registration, and when the said mail was returned to the addressee’s unknown address, the said mail was published in the Official Gazette on January 25, 2019.

In a case where a medical person, other than a medical person, has engaged in medical practice in violation of Article 27(1) of the Medical Service Act, the medical doctor D, from July 14, 2014 to September 13, 2014, requires E who works as a sports clinic, to provide a physical therapy, to provide a patient with medical equipment such as “bamera case,” which was produced to be used only by a medical doctor after ascertaining the patient’s attitude, and to provide a medical treatment for all 1,381 times in total. The second 18th th th 18th “the Ministry of Health and Welfare” was added to “the Minister of Health and Welfare” to “the Minister of Health and Welfare”.

2. Additional determination

A. The disposition of this case’s license suspension against the Plaintiff’s assertion D by the Minister of Health and Welfare is unlawful for the following reasons.

Therefore, each of the instant dispositions based on the premise that the instant disposition of license suspension is valid is unlawful.

1 D shall be fined for a violation of the Medical Service Act on February 16, 2015.

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