요양급여비용 지급보류처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Basic Facts
A. On July 16, 2012, the Plaintiff is a medical corporation that established and operates B convalescent hospital (hereinafter “instant convalescent hospital”) after obtaining permission for establishment from a medical corporation from the Gyeongbuk-do Governor pursuant to Articles 48(1) and 33(2)3 of the former Medical Service Act (amended by Act No. 16375, Apr. 23, 2019; hereinafter “Medical Service Act”).
B. On May 27, 2019, the chief of the police station at the port north Korea notified the Defendant of the purport that “In the course of investigating the suspicion of violation, such as Article 33(2) of the Medical Service Act against the representative C, Articles 87(1) and 33(2) of the Medical Service Act, Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 40 of the Subsidy Management Act, Articles 231 and 324 of the Criminal Act will be sent to the competent public prosecutor’s office upon non-detained.”
C. On June 5, 2019, the Defendant notified the Plaintiff on the ground that the instant convalescent was in violation of Article 33(2) of the Medical Service Act as a result of the investigation by the investigative agency, and that the instant convalescent was not a medical care institution under Article 42(1) of the National Health Insurance Act, and that the payment of the “pre-paid and future medical care benefit cost claimed” will be postponed until it is confirmed as a medical care institution under Article 47-2 of
(hereinafter “instant disposition of withholding payment”). D.
On July 22, 2019, the Defendant notified the Plaintiff that “C, etc. released the instant disposition of postponement of payment according to the prosecutor’s non-prosecution decision in the Daegu District Prosecutors’ Office of the Port Office against the instant suspicion.”
The defendant, on July 16, 2019, notified the Daegu District Prosecutors' Office of the Republic of Korea that he/she made a non-prosecution decision on the charge of violating Article 33(2) of the Medical Service Act against the representative of the plaintiff, and released the disposition suspending payment of this case.
The lawsuit of this case is filed.