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(영문) 서울행정법원 2020.03.19 2019구합63171

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From October 31, 2008 to Gangnam-gu Seoul, the Plaintiff closed its business after opening and operating a C-type hospital, which is a medical care institution, in Gangnam-gu, Seoul. From May 31, 2016, the Plaintiff is a doctor who establishes and operates C-type medical care institution in Gangnam-gu Seoul, Gangnam-gu, Seoul (hereinafter collectively referred to as “instant hospital”).

B. On July 2016, the Defendant conducted an on-site investigation of the instant hospital by setting the investigation period as “36 months from March 2013 to February 2016” (hereinafter “instant on-site investigation”).

C. On March 6, 2019, based on the results of the instant on the instant on-site investigation, the Defendant calculated and notified the unfair amount to KRW 73,164,480 on the ground that the Plaintiff reported differently from the facts about the list of health insurance benefit costs and the rating of the point of relative value of the nursing manpower based on the table of health insurance benefit costs to the Plaintiff and 10 nurses (hereinafter “instant nurses”), and notified the Plaintiff of the determination at KRW 73,164,480, and imposed a disposition for suspension of business pursuant to Article 99(1)1 of the National Health Insurance Act.

hereinafter referred to as "disposition of this case"

1. Current status of medical care institutions of this case

2. Details of unfair amount calculation;

(a) Unfair amount: 73,164,480 won;

(b) 52,950,600 won in violation of a claim for violation of the standard of grading the detailed calculation of the unfair amount of hospitalization fees, 52,950,60 won in relation to the list of health insurance benefit costs and the relative value points of benefits in Part 1 of Part 2 of the Act.

2. (e);

According to the differential system of nursing management fees for inpatients based on the level of nursing personnel, nursing personnel shall be calculated according to the average number of nurses (expenses of the number of nurses) in the immediately preceding quarter of the year engaged in nursing services in the sick ward concerned compared to the average number of beds of the immediately preceding quarter of the general hospital consent, and according to the differential application standards of nursing management fees according to the level of nursing personnel secured under Article 2012-39 announced by the Ministry of Health and Welfare.