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(영문) 서울행정법원 2019.06.27 2018구합72987

업무정지처분취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, while operating the “C Hospital” (hereinafter “instant hospital”), was closed on January 1, 2015, and opened and operated a “D’s clinic” at the same place on the same day.

B. In August 2016, the Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted an on-site investigation on the instant hospital and DNA department’s medical care benefits and medical care benefits (hereinafter “instant on-site investigation”) by setting the period of investigation as “from January 2014 to December 2014, and from March 2016 to May 2016.”

In accordance with the criteria for authorization of installation under Article 38(1) of the Medical Service Act and Article 3 of the Rules on the Establishment and Operation of Special Medical Equipment (hereinafter “Rules on Special Medical Equipment”), at least one medical specialist in the non-exclusive image department shall be assigned to the personnel operating the Computerization group in accordance with the requirements for authorization of installation, and the medical specialist in the department of video shall take overall control and supervision of the quality control of the medical image of the special medical equipment, the evaluation of image properties, and the reading of the clinical image.

A medical specialist E of the instant hospital did not perform overall control or supervision over the quality control of medical services, such as failing to work at the actual medical care institution from October 19, 201 to December 31, 2014, and did not meet the standards of at least one medical specialist of non-exclusive film and video, although the instant hospital reported him/her to non-speed personnel and received payment for the cost of medical care benefits by filing a report with the said medical specialist, and claiming for reimbursement of the cost of medical care benefits.

C. On June 27, 2018, according to the results of the instant on-site investigation, Defendant Minister: “The suspension of the operation of the instant medical care institution for 60 days based on Article 98(1)1 of the National Health Insurance Act is less than the business suspension for the Plaintiff.”