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(영문) 서울행정법원 2014.02.25 2011구합15435

과징금부과처분취소

Text

1. The Defendant’s disposition of imposing a penalty surcharge against the Plaintiff on April 13, 2011 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is a doctor who establishes and operates the “C hospital” in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant hospital”).

B. On April 12, 2010 to December 16, 2010, the Defendant: (a) conducted an on-site investigation of the instant hospital; and (b) imposed a total of KRW 77,624,170 on the insurer by deceit or other unlawful means for 35 months from February 1, 2007 to December 31, 209; (c) on April 13, 201, the Defendant imposed a penalty surcharge of KRW 85(1)1 and Article 85-2(1) of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 201; hereinafter “former Act”); and (d) Article 61(1) [Attachment 5] of the former Enforcement Decree of the Act (amended by Presidential Decree No. 22075, Mar. 15, 2010; hereinafter “instant disposition of imposition of penalty surcharge of KRW 77,628(1) [Attachment 508(1)]

A claim for violation of the standards for recognition of an operation using one man-made tape - An operation of an operation of an operation of an operation of a required gold using a man-made tape - The examination of the epidemology confirms that the main substance of the operation is overtension loss, or that the pressure of the operation is less than 120ccH20,000. If the results do not meet the standards for recognition, all kinds of medical expenses, such as operation fees, hospitalization fees, and anesthesia fees, etc., are stored and printed out by the results of the examination conducted by other winners who are in conformity with the standards for recognition, and on the basis of the results of the examination (67,870,690,690) - In addition, the examination fees, hospitalization fees, surgery fees, and examination fees, etc. on the basis of the results of the examination (67,870,690,000,000,000 won), including those for the health insurance prescription (109,010,67,000 won)