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

A. The Plaintiff is the medical foundation that operates the “convalescent Hospital” (hereinafter “the instant convalescent Hospital”) in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si.

B. As a result of an on-site investigation into the instant convalescent from February 9, 2015 to the 13th day of the same month, the Defendant confirmed that the instant hospital claimed KRW 65,33,900 for medical care benefit and KRW 19,658,010 for medical care benefit costs on the ground that the instant hospital claimed KRW 65,33,90 for the first quarter of April 2012 and the first quarter nursing class of January 2014 pursuant to the “Rate of Hospitalization in accordance with the level of security of nursing human resources” was not exclusively in charge of nursing services for inpatients A and assistant nurses B.

C. On October 28, 2016, the Defendant imposed each penalty surcharge (hereinafter “each of the instant dispositions”) on the Plaintiff on October 28, 2016 in lieu of business suspension as follows.

Articles 99(1) and 98(1)1 of the National Health Insurance Act, Article 70 of the Enforcement Decree of the same Act, [Attachment Table 5] Article 29(1), Article 28(1)1 of the Medical Care Assistance Act of KRW 196,01,700 per 30 days, Article 16-2, Article 16-4, [Attachment Table 2] and [Attachment Table 2] and [Attachment Table 3] 40 days, without any dispute over 78,632,040 won for 40 days during the period of suspension of business based on the disposition

2. Whether each of the dispositions of this case is legitimate

A. Considering that the Plaintiff’s mistake in calculating the number of nursing workforce is merely a result of a lack of regulations, but it is not calculated with the intent to unfairly receive medical care benefit costs and medical care costs, and that the instant convalescent hospital is scheduled to recover the expenses for benefits that the instant convalescent hospital unfairly received, separate from each of the instant dispositions, the Plaintiff’s damage was excessive compared to the benefits that the instant convalescent hospital acquired, and the instant convalescent hospital remains far beyond the crisis of business closure due to financial crisis.