beta
(영문) 서울행정법원 2019.05.16 2018구합79186

과징금부과처분취소 등 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an intention to establish and operate a C Council member, a medical care institution, in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant Council member”).

B. On June 27, 2018, the Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) issued an order to suspend the business of the instant council members for 20 days (from September 24, 2018 to October 13, 2018) based on Article 98(1)1 of the National Health Insurance Act due to the following disposition to the Plaintiff on October 27, 2016 (hereinafter “instant on-site investigation”) and imposed a penalty surcharge of KRW 47,274,510 on September 18, 2018 upon the Plaintiff’s application for the payment of penalty surcharge.

(hereinafter “Disposition of this case”). 1. Status of the medical care institution member of this case

2. Details of unfair amount calculation;

(a) Unfair amount: 15,758,170 won shall be expected to be collected by the National Health Insurance Corporation;

(b) 132,820 won of the medical care benefit claim after the medical treatment subject to non-payment of the detailed amount of the unfair amount - Infectionization of the device at one’s wishes in accordance with the medical care benefit standard for cream surgery No. 2010-45 of the Ministry of Health and Welfare’s notification, can be calculated in cases where a newborn baby who has no disease-free disease-free disease-free disease-free disease-free disease is treated in the mother and child ward room according to Part II No. 1 of Part II of the Regulation of the Payment of Health Insurance Act’s Medical Care Benefit Claim for violation of the calculation standard for medical care benefit, 15,625,350 won (a) of the medical care benefit claim for the medical care benefit claim, after collecting the medical care fees from some winners, etc. from the medical care expenses claim for the violation of the medical care benefit claim for the medical care benefit. However, even if only the new infant was operated, it can be calculated as the medical care benefit claim for the mother and

3. Grounds related to the calculation details of administrative dispositions: Examination of and decision on the criteria for the disposition of suspension of business and imposition of penalty surcharges under Article 70 (1) [Attachment 5] of the Enforcement Decree of the National Health Insurance Act