과징금부과처분 무효확인
1. The Defendant imposed a penalty surcharge of KRW 324,598,120 on the Plaintiff on May 22, 2015, and imposed a penalty surcharge of KRW 12,30 on July 13, 2015.
1. Details of the instant disposition;
A. Under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), the Plaintiff was granted a decision to commence rehabilitation procedures from Daejeon District Court on June 25, 2013, and a decision to authorize the rehabilitation plan on June 11, 2014, respectively.
B. After conducting an on-site investigation with respect to B hospitals operated by the Plaintiff in June 2013 (the period subject to investigation between May 201 and January 2011, and April 2013), the Defendant confirmed the following violations of the reasons for disposition.
1. The addition of dietitians and cooks to two or more in-patients for unfair claims (unfair addition of dietitians and cooks) for meal costs of in-patients (amount: 50,115,600 won) shall be calculated where there are two or more in-patients, and the addition of dietitians and cooks shall be excluded from the calculation of human resources necessary for the addition of dietitians and cooks according to the detailed calculation period for in-patients, and in the case of part-day workers, etc., a dietitians shall be excluded from the calculation of human resources; however, from June 19, 2007 to November 14, 2010 (one six hours a day), a cook was on duty for less than two hours a week (five days a week) from November 1, 2008 to October 15, 2010, and thereafter a full-time physician was on duty, and thereafter a dietitian was on duty for less than two hours a day (five days a week).
2. Claim for violation of the differential calculation standard of the nursing management fee for middle-patients' rooms (unfair amount: 26,656,600 won) (the differential rating of the nursing management fee for middle-patients' rooms) shall be calculated accurately according to the average number of nurses (the number of nurses compared to the number of beds) of the immediately preceding quarter of the hospital for adults or middle-patients in comparison with the average number of nurses of the immediately preceding quarter of the hospital for middle-patients' rooms, but the expenses for nursing for adults or middle-patients' rooms were unfairly claimed after reporting that the nurses who have worked in the hospital for middle-patients' rooms are not exclusively dedicated to the nursing for adults or middle-patients' rooms, and that they have worked in the hospital for middle-patients' rooms.