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(영문) 서울행정법원 2018.06.14 2017구합61539

과징금부과처분취소

Text

1. The Defendant imposed a penalty surcharge of KRW 114,234,00 on the Plaintiffs on January 13, 2017 and KRW 19,782,00 on February 3, 2017.

Reasons

(1) The number of medical care benefits and medical care expenses shall be calculated according to the number of patients; 2,00 won per day shall be separately calculated where the nursing ratio among convalescent hospitals falling under Grades I through V is at least 2/3 of the nursing workforce; however, although the nursing ratio is not at least 2/3 of the nursing workforce, it shall be falsely reported that at least 2/3 of the nursing workforce exclusively in charge of the nursing service for inpatients has been actually engaged in the nursing service for inpatients, and at least 2/3 of the nursing workforce per day shall be secured in the first quarter of January 2014; 2.14. The nurse E on October 17, 2013, 2014; 2.14. The first day of October 17, 2013; 14. The first day after October 14, 2013, 2014; 3. 1. 1. 1. 206. 31. 14. 2013 of Gal. 214. Ga on February 14, 2014.

D. On January 13, 2017, the Defendant imposed KRW 114,234,00 on the Plaintiffs based on the “Article 99(1) of the National Health Insurance Act” on the ground that the Plaintiffs unduly claimed medical care benefit costs in violation of the National Health Insurance Act.

(hereinafter “instant Disposition 1”). Specific calculation details are as follows:

A penalty surcharge of KRW 114,234,00 - Relevant grounds: A penalty surcharge of KRW 6,935,521,560 per month average of the total amount of the costs of health care benefit subject to investigation based on the criteria for business suspension and imposition of penalty surcharges (attached Table 5) under Article 70(1) [Attachment Table 5] of the Enforcement Decree of the National Health Insurance Act; the total amount of the costs of health care benefit subject to investigation based on the criteria for business suspension and imposition of penalty surcharges (6,935,521,560 won 38,078,00 won 4,759,750 won 0.54% 30.14,234

E. In addition, on February 3, 2017, the Defendant: (a) on the basis of Article 29(1) of the Medical Care Assistance Act, on the ground that the Plaintiffs unfairly claimed medical care costs in violation of the Medical Care Assistance Act; and (b) on February 3, 2017