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(영문) 서울행정법원 2017.08.17 2015구합60655
요양급여비용환수결정처분취소 청구의 소
Text

1. Redemption disposition of KRW 3,805,410 for medical care benefit costs rendered on September 5, 2014 by Defendant National Health Insurance Corporation to the Plaintiff, and restitution disposition of KRW 3,805,410 for the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a herb doctor who is operating “Chanwon” in Leecheon-si, a herb doctor who is operating “Chanwon” in B (hereinafter “the instant oriental medical doctor”).

B. Around March 14, 2012, the Defendant National Health Insurance Corporation conducted on-site verification of the instant Institute. At the time, the Plaintiff drafted a letter of confirmation that “The Plaintiff claimed for medical care benefit costs for an inception, oral statement, etc. conducted to enhance the effectiveness of treatment despite having received non-benefit costs from the patients by conducting growth treatment, non-benefit treatment, and non-benefit treatment from January 201 to December of the same year” (A evidence 3-1).

C. Since June 23, 2014, the Ministry of Health and Welfare conducted an on-site investigation into the instant Council member from May 23, 2011 to December 25, 2011, from February 2014 to April 4, 2014, and in the process of the investigation, additionally received and confirmed the data from January 201 to April 4 of the same month.

(hereinafter “instant on-site investigation.” As a result, the Ministry of Health and Welfare: (a) concluded that the Plaintiff claimed medical care costs, etc. from January 201 to April 201, 3,887,140 won, and 8,040,420 won from May 201 to December 201; and (b) drafted a written confirmation to the effect that the Plaintiff is a person (a evidence No. 4-1 and A No. 11).

Based on Article 57(1) of the National Health Insurance Act, Defendant National Health Insurance Corporation notified the Plaintiff of the recovery of insurance benefits costs based on the results of the instant on-site investigation as follows:

In the order of notification, "the first restitution disposition" and "the second restitution disposition" are "the respective restitution disposition" and "the second restitution disposition" are "the respective restitution disposition."

The period subject to recovery on January 8, 2016, which was September 5, 2014, from January 2011 to May 2011, 201.

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