요양기관 업무정지 처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this part of the disposition by the court is as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance. Thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s written confirmation or written confirmation does not contain any provision that “unfair medical care benefit costs” are claimed, or even if such content is same, it cannot be considered as evidence for recognizing the premise of the instant disposition, as it was made by the pressure of Defendant investigators. 2) The Plaintiff received the personal charge regarding medical care benefits from the patients after the medical examination and treatment subject to medical care benefits by means of including them in the medical expenses for non-benefit items, etc., and either conducted an examination or conducted a treatment for the purpose of medical examination and actual diagnosis. Thus, it is legitimate for the Plaintiff to claim for medical care benefit costs against the National Health Insurance Corporation.
(b) Attached Form 1 of the relevant Acts and subordinate statutes;
C. Article 85(1)1 of the former National Health Insurance Act (wholly amended by Act No. 11141, Dec. 31, 201) or Article 98(1)1 of the former National Health Insurance Act (wholly amended by Act No. 13985, Feb. 3, 2016) “When the insurer, policyholder, or dependent bears the cost of health care benefit” does not require the medical care institution to submit false data or actively conceal facts in order to receive the cost of health care benefit, and it includes all the acts of receiving the cost of health care benefit under the relevant statutes (see, e.g., Supreme Court Decision 2008Du3975, Jul. 10, 2008).