The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

B, who is not entitled to establish a medical institution due to the lack of a medical license, was employed by the plaintiff as the head of the hospital and paid monthly pay of KRW 7 million. On July 2, 2004, the D Hospital was established in the name of the plaintiff in the building located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

The plaintiff, in collusion with B, etc. who cannot establish a medical institution as mentioned in the above paragraph (a), was prosecuted for committing a crime in violation of Article 30(2) of the Medical Service Act (amended by Act No. 7453, Mar. 31, 2005; hereinafter the same) that established the hospital and was sentenced to punishment of a fine of KRW 10 million by a judgment of 2005Da364,371, Dec. 16, 2005. The above conviction against the plaintiff was finalized on April 26, 2006 as the period of appeal after the dismissal of the appeal.

Around June 207, the Plaintiff was subject to an administrative disposition of June 15 (from July 1, 2007 to January 15, 2008) of the suspension of qualification by the Minister of Health and Welfare, on the ground that the Plaintiff filed a false claim for medical expenses, and was employed by a person who is not eligible to establish a medical institution, and provided medical services.

On October 8, 2012, the Defendant issued a disposition to collect unfair medical care costs (hereinafter “instant collection disposition”) regarding KRW 291,354,600 on the ground that the Plaintiff was unfairly claimed and paid medical care costs in its name during the period from July 2004 to February 2005 at D Hospital established in violation of the Medical Service Act.

【Ground of recognition】 The Plaintiff’s disposition of collecting this case’s case’s assertion of illegality of the disposition of this case’s Disposition should be revoked on the following grounds. The Plaintiff’s disposition of this case’s assertion of illegality of the disposition of this case’s disposition should be revoked on the following grounds.

The plaintiff did not establish a medical institution by being employed by a non-medical person, and ② established a medical institution by being employed by a non-medical person for domestic affairs.

The plaintiff is a doctor.