beta
(영문) 서울행정법원 2019.05.30 2018구합75825

업무정지처분취소

Text

1. The Minister of Health and Welfare’s business suspension on June 27, 2018 against the Plaintiff, as well as on June 75, 2018.

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff is an intention to operate the “in-C” council member in Chungcheong City B (hereinafter “instant council member”).

B. On November 2015, the Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted an on-site investigation as to whether the instant Council member claimed appropriate expenses for benefits (the period subject to investigation: from January 1, 2013 to September 2015; hereinafter “instant on-site investigation”).

C. As a result of the instant on-site investigation, based on “Article 98(1)1 of the National Health Insurance Act, the Defendant Minister issued a disposition to suspend the operation of a medical care institution on June 27, 2018 (from August 20, 2018 to November 2, 2018) with respect to the Plaintiff on the following grounds, based on the “Article 98(1)1 of the National Health Insurance Act.”

(hereinafter “instant medical care institution’s business suspension”). Requests for violation of the Guidelines for Operating Special Medical Equipment: KRW 96,741,070; Article 38(1) of the Medical Service Act; Article 3 of the Enforcement Rule of the Medical Service Act; and Article 3 of the Rules on the Establishment and Operation of Special Medical Equipment provides that the exclusive license shall be granted for at least 32 hours a week at one medical institution; the personnel operating the self-official image photographing equipment (MRI) shall have one exclusive of the department of video. The medical specialist of the film department shall exercise overall control and supervision over the quality control of the medical equipment of special medical care; the evaluation of the image image; and the reading of the clinical image; however, in the case of D of the department of video medical care, even if the medical specialist did not exclusively work once a week from January 1, 2013 to March 13, 2015, he/she shall claim medical care benefit fees, etc. for self-official image.

D. In addition, based on the “Article 28(1)1 of the Medical Care Assistance Act”, the Defendant was subject to a disposition of suspending the business of an institution providing medical benefits for the Plaintiff on July 23, 2018 (from August 20, 2018 to January 9, 2019) on the grounds for the following disposition.

(hereinafter referred to as the “instant medical care institution’s business suspension,” and the instant medical care institution’s business suspension and the instant medical care institution’s business suspension are collectively referred to as the “instant business suspension”). Claim to violate the Guidelines for Operating Special Medical Equipment: 17