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(영문) 의정부지방법원 2020.05.26 2018구합14252

부당이득금환수결정취소

Text

1. On November 20, 2017, the Defendant’s decision to collect unjust enrichment of KRW 31,523,170 against the Plaintiff, which was KRW 5,684,453.

Reasons

1. Details of the disposition;

A. The Plaintiff is a doctor who establishes and operates C Hospital in Namyang-si, Namyang-si.

B. Around November 2013, the Minister of Health and Welfare conducted an on-site investigation with respect to the C Hospital to determine the investigation period from November 201, 201 to October 2013, and from August 2014 to October 2014, as a total of 27 months.

C. On November 20, 2017, the Minister of Health and Welfare rendered a decision to collect unjust enrichment of KRW 31,523,170 from the Plaintiff on November 20, 2017, as follows.

(hereinafter referred to as “instant disposition”). Excessive collection of the cost of medical benefits claimed by the Plaintiff after photographing them with improper special medical equipment: 31,523,170 won: Excessive collection of the cost of calculating 31,123,170 won: 3,123,000 won (hereinafter referred to as “the content omitted): Unfair claim for medical care costs of choice: 1,036,792 won (hereinafter referred to as “the cost of 1,075 won: 92,675 won: 1,434,780 won (hereinafter referred to as “the content omitted): 25,838,717 won (hereinafter referred to as “the cost of medical care benefits”) after photographing them with special medical equipment: 1,434,780 won (hereinafter referred to as “the cost of 25,838,717 won) - Rules on the Standards of Medical Care Benefits in National Health Insurance / [Attachment 1] 2, 225, and 141.

D. On January 22, 2018, the Plaintiff filed an objection under Article 30 of the Medical Care Assistance Act with respect to the instant disposition to the Defendant, but the objection on March 19, 2018.