업무정지처분취소
1. The Defendant’s imposition of a penalty surcharge of KRW 166,742,80 against the Plaintiff on January 3, 2018 shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On February 14, 2008, the Plaintiff acquired “C Hospital” located in the Namyang-si B (hereinafter “instant hospital”) and operated the hospital.
B. From May 10, 2010 to the 14th day of the same month, the Defendant conducted an on-site investigation of the instant hospital (the extended investigation period: from May 2009 to March 2010; hereinafter “the first on-site investigation of this case”). On March 11, 2011, the Defendant imposed a penalty surcharge of KRW 39,128,700 on the Plaintiff based on Article 85(1)1 of the former National Health Insurance Act (amended by Act No. 9690, May 21, 201) as follows.
(hereinafter “instant No. 1 Disposition”). 2. Calculation details of unfair amount
(a) Unfair amount: 13,042,900 won;
(b) A claim filed for a violation of the standards for calculating the detailed calculation of unfair amounts: 13,042,90 won - In-patient dietitians from the hospital level or higher, which may be calculated where the number of full-time dietitians in charge of the provision of patient meals mainly belonging to the relevant medical care institution is at least the average of the preceding month, and where the number of full-time dietitians in charge of the provision of patient meals is at least the average of the preceding month, but in case of dietitians D, a claim for additional dues from May 1, 2009 to March 31, 2010 shall be filed by only one dietitians mainly in charge of the provision of patient meals by taking charge of the elderly auxiliary program (glag, etc.) and the provision of patient meals.
3. The total amount of medical care benefit costs subject to investigation of the administrative disposition calculation basis (from July 2009 to March 201, 2010), the total amount of which is the average monthly unfair amount, KRW 922,321,720, KRW 13,042,90, KRW 1,449, KRW 211, KRW 39,128,700 for the period of suspension of business operations of the average monthly unfair amount;
C. From October 10, 2012 to the 17th day of the same month, the Defendant conducted an on-site investigation of the instant hospital (from February 2, 2008 to March 3, 2011, from August 2012 to October 2012; hereinafter “instant on-site investigation”) and on April 4, 2014, before the Plaintiff was amended by Act No. 12176, Jan. 1, 2014.