1. On July 29, 2015, the Defendant’s disposition of recovering medical care benefit costs of KRW 9,261,261,980 against the Plaintiff is revoked.

2...

Details of the disposition

both the Plaintiff and B are doctors.

On November 4, 2011, the Plaintiff established a “D Hospital” located in the first to fifth floor of the building in the Gu Government (hereinafter “instant hospital”) under its own name, and obtained permission to establish the instant hospital from the Government Market on November 27, 2011.

Article 33(8) of the former Medical Service Act (amended by Act No. 11252, Feb. 1, 2012; hereinafter “former Medical Service Act”) provides that “medical persons may establish only one medical institution.” However, on February 1, 2012, Article 11252 of the former Medical Service Act (amended by Act No. 11252) amended that “medical persons are prohibited from establishing and operating two or more medical institutions under any pretext.” The amended Medical Service Act (hereinafter “Medical Service Act”) came into force on August 2, 2012.

On October 27, 2014, the Defendant issued a request for administrative disposition and notification of investigation results to the effect that “the Plaintiff had been employed by B who had already established and operated an E Hospital and is unable to establish and operate another medical institution, and established the instant hospital in its name according to its instructions, and that it violated Article 90 of the Medical Service Act by providing medical services to patients at home while working as the head of the hospital until now,” and on October 31, 2014, the Defendant refused to pay the medical care benefit costs for the instant hospital on the ground that “the instant hospital violated the medical institution establishment standards set forth in Article 33(8) of the Medical Service Act.”

On December 8, 2014, pursuant to Articles 33(8) and 90 of the Medical Service Act and Article 57 of the National Health Insurance Act, the Defendant rendered a decision to recover the total amount of KRW 11,215,296,90 paid by the instant hospital during the period from November 4, 2011 to September 30, 2014.

hereinafter referred to as "the primary measure of recovery"

(2) [A medical person of the suspected suspicion is unable to establish and operate two or more medical institutions under any pretext.] The Plaintiff and B who operated the hospital in collusion with the Plaintiff.