The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details and details of the disposition;

A. The Plaintiff is an intention to establish and operate a C Hospital (hereinafter “instant hospital”) which is an institution providing medical benefits in Gyeongsung-gun B.

B. On September 7, 2017, the Defendant imposed a penalty surcharge of KRW 1,08,431,200 on the Plaintiff on the ground that the Plaintiff imposed a total of KRW 217,686,240 on the Plaintiff by deceit or other fraudulent means, as indicated in the table on the grounds for disposition, on the Plaintiff, based on Articles 29(1) and 28(1)1 of the Medical Care Assistance Act, instead of the disposition of suspension of business of an institution providing medical benefits (hereinafter “instant disposition”).

The monthly average amount of the instant hospital’s unfair treatment related to the instant disposition is KRW 36,281,040, and the unfair rate is KRW 8.69%.

In principle, in the case of a person who violated the standards for calculation, such as medical examination and treatment fees, the reason for disposal, in principle, shall face-to-face medical treatment for the patient in violation of the standards for calculation, and in exceptional cases, in the case of the same injury or disease, in the case of a long-term same prescription, in which the patient is unable to move, or in other cases the safety of the patient is recognized, the patient's family member shall be required to receive prescription on behalf of the patient and part of the medical examination fees. However, in the case of some beneficiaries from January 2015 to June 2015, the Plaintiff was unjustly paid 34,335,420 won by allowing the employee in charge of social welfare facilities to receive counseling and drug agency fees at his/her request and counseling with his/her family members and claiming medical expenses for 50%

(hereinafter referred to as “instant disposition ground 1”. The fixed amount per day for administration shall be calculated respectively in cases where a mentally ill person who violated the standards for calculation of the fixed amount of mental illness is unable to directly visit an institution providing medical benefits and receives a medicine after consulting with his/her guardian, etc., and where he/she receives at least two patients, etc., the fixed amount per day for administration shall be calculated based on the number of each maximum amount per day for administration.