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(영문) 서울행정법원 2017.11.02 2017구합56148
과징금부과처분취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

The details and details of the disposition are the establishment and operation of the "Dvalescent Hospital" (hereinafter referred to as the "instant hospital") in the 3 to 7th floor of the building C.

On December 5, 2016, the Minister of Health and Welfare reported that the service period of the instant hospital of nurse E was from June 17, 2013 to September 30, 2014, and that the Plaintiff was from June 14, 2013 to September 30, 2014, the Defendant imposed a penalty surcharge on the Plaintiffs (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same shall apply) based on Article 99(1) of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same shall apply) on the ground that “The Plaintiff claimed for medical care benefits at a higher level than Grade 23,186,490, and received excessive payment of 23,186,490 won from the insurer, insured, and dependent by deception or other wrongful means.”

On February 17, 2017, Defendant National Health Insurance Corporation rendered a decision to recover the above amount of health care benefit pursuant to Article 57(1) of the National Health Insurance Act on the ground that “the Plaintiff received the payment of costs of health care benefit from Defendant National Health Insurance Corporation by the aforementioned method at an unreasonable claim of KRW 23,186,490.”

(2) Each disposition of this case, along with the disposition of the penalty surcharge of this case (hereinafter “each disposition of this case”). [Grounds for recognition] did not dispute, Gap evidence 2, Eul evidence 3, the purport of each disposition of this case, and the whole purport of each disposition of this case, are as shown in the attached Form of the relevant statutes.

The "Detailed Matters concerning the criteria and methods for the application of medical care benefits" alleged by the plaintiffs as to the validity of the regulations of the Ministry of Health and Welfare concerning the calculation of the number of nurses (amended by the Ministry of Health and Welfare No. 2009-214, Nov. 30, 2009; hereinafter referred to as "the notice of this case") shall be calculated by the average number of nurses, which serves as the criteria for assessing the level of nursing manpower, for the immediately preceding quarter, and shall be calculated monthly.

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