과징금부과처분취소
1. The Defendant’s imposition of a penalty surcharge of KRW 171,411,320 against the Plaintiffs on August 10, 2017 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The plaintiffs are doctors who jointly establish and operate the Eanangu Council member located in Busan Jin-gu, Busan (hereinafter “instant Council member”).
B. On February 1, 2013, the head of the Busan Regional Headquarters of the National Health Insurance Corporation confirmed the fact that the Plaintiff filed double claims for medical care benefit costs after treating the instant hospital as ineligible for non-payment, and requested the Defendant to conduct on-site investigations.
C. On April 13, 2015, the Defendant conducted an on-site investigation on the instant member for the 13-month investigation period from March 2012 to December 2012, and from December 2014 to February 2015, the Defendant conducted an on-site investigation for the instant member.
(hereinafter “instant on-site investigation”). D.
Based on the results of the above on-site investigation, the Defendant imposed a penalty surcharge of KRW 171,41,320 on August 10, 2017, on the ground that “the instant member was subject to non-payment, even though he/she claimed for medical examination fees and test fees before and after the rash for correcting the vision (hereinafter “scambling”), the Defendant issued a medical care benefit charge and made the National Health Insurance Corporation bear the amount of KRW 42,852,830 (the total amount was recognized as KRW 42,852,830) and the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same) on the ground that the Defendant imposed a penalty surcharge of KRW 171,41,320 on the Plaintiffs on August 10, 2017, based on Articles 99(1) and 98(1)1 of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2017)
hereinafter referred to as the "disposition of this case". The total amount of medical care benefit costs for the investigation period (2.30% 2.30% 50% 50% 1,855,505,990 won 45,852,830 won 3,296,371 won 2.30% 50% 50% 50% 1,855,990 won for the period of suspension of the administrative disposition
E. The details of calculation of penalty surcharges for the instant disposition are as follows.
Article 70 of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 27433, Aug. 2, 2016; hereinafter the same shall apply) and Article 1 and 2 of the attached Table 5.