요양급여비용 환수결정 처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a medical corporation that operates the hospital building located in the hospital building in the area of 101, Nam-gu, Busan (hereinafter “instant hospital building”).
B. On the fifth floor of the instant hospital building which was reconstructed or extended without permission under the Building Act, without reporting on the establishment and operation of a meal service facility under the Food Sanitation Act, the Plaintiff installed a meal service facility and provided meals to inpatients, and received KRW 792,130,650 from the Defendant during the period from January 29, 2008 to July 31, 2010.
C. Meanwhile, on March 9, 2012, on the ground that the Plaintiff did not report the establishment and operation of meal service facilities pursuant to Articles 101(2)9 and 88(1) of the Food Sanitation Act, the head of the Nam-gu Busan Metropolitan City (hereinafter “the head of the Nam-gu”) imposed a fine for negligence of KRW 1 million on the Plaintiff on the ground that he did not report the establishment and operation of meal service facilities, and a fine for negligence of KRW 8 million on May 8, 2013, and a fine for negligence of KRW 80,000 was imposed on the Plaintiff on the ground that he did not comply
At around October 2013, the Plaintiff reported to establish a group of facilities providing meals in the hospital in the hospital in this case in the first floor medical facility of the hospital in this case, and the remaining head of the Gu accepted the above report on October 31, 2013.
E. As a result of the on-site investigation conducted on September 27, 2013 by the Ministry of Health and Welfare, the Defendant issued a prior notice to recover KRW 792,130,650 of the medical care benefit cost already paid pursuant to Article 57 of the National Health Insurance Act on December 2, 2013, on the ground that “the Plaintiff provided meals to hospitalized patients in the state of an unlawful building, and thereafter claimed for medical care benefit costs for hospitalization.” On December 18, 2013, the Defendant rendered a decision to recover the medical care benefit cost (hereinafter “instant disposition”).
[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 3, the purport of whole pleading
2. The instant disposition is made.