요양급여비용환수결정 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff established and operated a medical institution and operated a non-profit medical corporation and a B hospital for research and development on health and medical services.
B. As a result of the on-site investigation conducted by the Ministry of Health and Welfare with respect to B Hospital, the preparation of an unqualified C was discovered. Accordingly, on June 2, 2016, the Defendant notified the Plaintiff of the decision on restitution of KRW 335,528,480 equivalent to the medical care benefit cost corresponding to the period from April 1, 201 to October 31, 2012 (hereinafter “instant period”).
(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 3, and 5
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Although the Plaintiff’s act of preparing drugs was performed by an unqualified person C without a pharmacist’s license, the part of the Plaintiff’s actual profits is merely a portion of pharmaceutical medicine medicine fees, and the part of the Plaintiff’s profits was not a part of pharmaceutical medicine medicine expenses (=273,025,390 won). Therefore, the Defendant’s disposition of this case, which decided to recover the medical care benefit cost from the whole of the medical care benefit cost without distinction between the pharmaceutical medicine expenses (=62,503,104 won) and the pharmaceutical expenses (=62,503,390 won), is unlawful, or at least the above 273,025,390 won, and was illegal. 2) during the instant period, D, a pharmacist of B hospital, was an act of preparing drugs normally after serving two or three times a week at a normal pharmaceutical time, and thus, the part corresponding to the Plaintiff’s normal pharmaceutical act [the aforementioned part of the medical care benefit cost in this case is unlawful, 24, 194, 2754,4857.
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1 is based on “unfair methods”.