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(영문) 서울행정법원 2017.08.17 2016구합70147

업무정지처분 취소

Text

On July 8, 2016, the Minister of Health and Welfare issued a business suspension order to the Plaintiff and the Defendant.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a medical corporation that operates a hospital C in Gyeong-Gun (hereinafter “instant hospital”).

B. After Defendant National Health Insurance Corporation was entrusted with an on-site investigation of the instant hospital by Defendant National Health Insurance Corporation, Defendant and the Minister of Health and Welfare conducted an on-site investigation of the instant hospital (hereinafter “on-site investigation”) by setting the investigation period from May 9, 2013 to May 19, 201 as “from April 9, 2010 to August 201, and from January 201 to March 2013, 201.”

C. On August 13, 2014, according to the above on-site investigation, the Defendant sent the Plaintiff a “prior notice and guidance on submission of opinions” with the same content as the business suspension of the medical care institution (hereinafter “instant prior notice”), and the Plaintiff presented his opinion on the prior notice of this case to the Minister of Health and Welfare.

On July 8, 2016, the Defendant: (a) reported that the restaurant (hereinafter “instant restaurant”) of the instant hospital was entrusted to E, which is operated by food materials suppliers (hereinafter “instant restaurant”) from April 2010 to August 8, 2011; (b) and (c) reported that the instant hospital was directly operated by the instant hospital; (d) claimed KRW 426,041,598 (hereinafter “instant disposition ground for disposition”); and (e) reported that the instant hospital was unfairly paid KRW 426,041,598 (hereinafter “instant disposition ground for disposition”); and (e) reported that the instant hospital’s physical clinic F was a full-time employee even if he did not actually work on June 2011, and received unfair payment (hereinafter “instant disposition 2”); and (e) reported that the instant period was 86 days business suspension (hereinafter “instant disposition”).

The Defendant National Health Insurance Corporation received the payment of the costs of health care benefit from Defendant National Health Insurance Corporation by unfairly claiming KRW 426,515,530 to the Defendant National Health Insurance Corporation by the aforementioned method.

on the ground that it is "....."