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(영문) 서울행정법원 2018.10.11 2018구합3431

의사면허자격정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From 2007 to 207, the Plaintiff, as a doctor, is operating the “C Industrial Accident Medical Center” as a medical care institution under the National Health Insurance Act (hereinafter “instant member”).

B. Around June 2014, the Defendant conducted an on-site investigation (the period subject to investigation: April 201 to December 201; January 2014 to March 2014) on the instant member; and as a result, determined that the Plaintiff was unfairly paid medical care costs as follows.

Dual claim for medical treatment costs after non-medical treatment: 10,073,140 - 10,000 won - Maternal treatment, etc. subject to non-medical treatment and collected the expenses from the person who received the treatment as non-medical treatment for the injury or disease, such as Maternity, even though the expenses were collected as non-medical treatment (hereinafter “instant disposition cause”).

C. On May 18, 2017, the Plaintiff was sentenced to a fine of KRW 3 million for fraud regarding the following criminal facts by the Suwon District Court:

(2017 high-level 304 (hereinafter “instant criminal judgment”). The Plaintiff, while treating 1,027 patients at the instant council members in 201, performed cosmetic surgery for the purpose of beauty, marcing care, and removing sarcule for the purpose of beauty, and received KRW 10,073,140,00 from June 27, 201 to January 2, 2012, the Plaintiff received medical care benefits from the National Health Insurance Corporation and local governments, by falsely claiming medical care benefits under a name different from the fact, such as an unknown sarcing disorder, detailed sarcing disorder, viral sarcule ma, etc., and by claiming medical care benefits under a false name different from the fact, and received medical care benefits costs of the National Health Insurance Corporation and local governments as KRW 9,905,480 and medical care benefits costs of KRW 167,660.

Although the Plaintiff appealed against the instant criminal judgment, it was dismissed on October 16, 2017 (U.S. District Court 2017No3638), and the final appeal against it was dismissed on December 8, 2017, and the instant criminal judgment became final and conclusive on the same day.

(Supreme Court Decision 2017No18145). E.

The defendant on April 2016.