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(영문) 대전지방법원 2018.07.18 2017구합106380
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. The Plaintiff is a person who establishes and operates a “CB” medical care institution under the National Health Insurance Act at the time of resident stay.

B. On August 29, 2017, the Defendant conducted an on-site investigation with respect to Caehan, and on the following grounds, rendered 30 days business suspension of medical care institutions pursuant to Article 70(1)1 of the National Health Insurance Act and Article 70(1) [Attachment Table 5] of the Enforcement Decree of the same Act with respect to the Plaintiff.

(hereinafter “instant disposition”) 1. The National Health Insurance Act (Articles 41, 44, 45, 46, and 47), the Enforcement Decree of the same Act (Articles 19, 21, etc.), the Enforcement Rule of the same Act (Articles 13, 16, and 19, etc.), the Rules on the Standards for Medical Care Benefits in National Health Insurance, and other provisions concerning the calculation of medical care benefits, are violated, thereby unfairly claiming medical care benefits to the insurer, the insured, and their dependents.

2. Details of unfair amount calculation;

(a) Unfair amount: 29,467,230 won;

B. False claim for calculation of unfair amount (14,77,315 won) - In the case of a certain number of medical professionals, the medical treatment is recorded in the medical treatment records and the examination fees, etc. are treated outside the medical care institution that claims for medical care benefit after medical treatment outside the medical care institution that claims for medical care benefit (2,01 won) (hereinafter “reasons for second disposition”) under Article 42(1) of the National Health Insurance Act - Medical care benefit shall be provided by a medical institution established under the Medical Service Act; however, in the case of a certain number of persons, the medical care benefit amount may be claimed; however, the medical care benefit amount may be claimed by the medical care institution that actually provided the diagnosis fees, etc. outside the medical care institution (hereinafter “reasons for first disposition”), and the claim for calculation of medical care benefit amount (hereinafter “reasons for third disposition”) is in violation of the standard for medical care benefit amount (hereinafter “reasons for first disposition”). - Table 1 of the list of health insurance act benefit and benefit benefit costs and basic medical treatment amount [basic computation guidelines]

Pursuant to this, the medical examination fees shall be the case where the patient is diagnosed in the outpatient.

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