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(영문) 서울행정법원 2018.09.20 2017구합6464

과징금부과처분취소 등

Text

1. The Minister of Health and Welfare imposed a penalty surcharge of KRW 868,624,00 on the Plaintiff on June 30, 2017, and the penalty surcharge of KRW 868,624,00 on the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a medical corporation that operates a hospital specializing in the elderly in C (hereinafter “instant hospital”).

B. On April 14, 2016, the Defendant National Health Insurance Corporation conducted on-site investigations with a total of 25 months investigation period, “from March 2013 to December 2014, and from December 2015 to February 2016,” with respect to the instant hospital.

C. Based on the results of the above on-site investigation, the Defendant imposed a penalty surcharge of KRW 868,624,00 on the Plaintiff on June 30, 2017, based on Articles 99(1) and 98(1)1 of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same). Based on Articles 29(1) and 28(1)1 of the Medical Care Assistance Act (amended by Act No. 1396, Jul. 28, 2017; 296,396,800 related to the wrongful claim for medical care costs based on Articles 29(1) and 28(1)1 of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2017; 309,7010).

(hereinafter referred to as the “instant assistant nurse, D, E, F, G, and H (hereinafter referred to as the “instant assistant nurse”) who works for the instant hospital in violation of the standards for the differential calculation of hospitalization fees in a convalescent hospital based on the level of security of nursing manpower for the details of the instant unfair amount related to the details of the instant grounds for the violation of the aforementioned comprehensive disposition (the grounds for Disposition 1) was assigned higher the level of classification of nursing personnel for the instant hospital by filing a report on the instant assistant nurse as a nursing personnel in exclusive charge of nursing services

(1) Medical care benefit costs of KRW 211,474,560. (2) Violation of standards for calculating medical care fees after diagnosis and treatment of inmates to social care facilities of KRW 72,878,390.