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(영문) 서울행정법원 2019.04.04 2018구합70943
과징금부과처분취소
Text

The Defendant imposed a penalty surcharge of KRW 127,901,360 on the Plaintiff on April 11, 2018, and the penalty surcharge of KRW 33,453 on July 2, 2018.

Reasons

. Draftment date: By September 30, 2016, a report shall be made to a nursing personnel exclusively in charge of nursing services, such as the management of nursing personnel, education, etc., even though he/she has been in charge of nursing services, and a report shall be made to the nursing personnel, who is in charge of nursing services, and a claim for violation of the standard for calculating the cost of health care for inpatients who have filed a claim for medical care benefit in Class II: 612,560 won: 612,560 won - the list of the benefits and expenses for health insurance activities and the relative value of benefits, Part II to Part II of the relative value of the benefits;

(ii)(b)The 2nd class additional to the food care in patients under subparagraph (b) and Article 2013-16 of the Ministry of Health and Welfare’s notification may be calculated only when the number of cooks is 3 to 4, and the 16th day of a long-term leave of absence is excluded from that subject to the personnel assessment during that period, but in the case of cooks E, even if the 16th day of a long-term leave of absence was made from March 6, 2015 to March 22, 2015, the difference between the total amount of the cooking care additional charges and the amount of the unjust amount by detailed description from the cost of health care benefit.

E. In addition, based on the “Article 29(1) of the Medical Care Assistance Act”, the Defendant imposed a penalty surcharge of KRW 33,453,240 on the Plaintiff on July 2, 2018, on the following grounds, based on the result of the instant on-site investigation.

(hereinafter “Imposition of Penalty Surcharge No. 2”. The imposition of Penalty Surcharge No. 1 of this case and the imposition of Penalty Surcharge No. 1 of this case “each of the instant dispositions”). Claim for violation of the differential calculation standard for hospitalization fees in a convalescent hospital: 8,363,310 won; list of health insurance act’s benefits and the list of non-benefit benefits and the relative value points of benefits No. 3 of Part III of the relative value points of health insurance act

4. (e);

According to the differential hospitalization system based on the level of nursing personnel, the hospitalization fee differential nursing system is the average number of patients in the immediately preceding quarter, who are engaged in nursing services for the average number of patients in the immediately preceding quarter.

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