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(영문) 서울행정법원 2019.06.20 2017구합60239
업무정지처분취소
Text

1. On January 13, 2017, the Minister of Health and Welfare revoked the business suspension of 84 days against the Plaintiff.

2...

Reasons

Details of the disposition

The Plaintiff is a herb doctor who operates “A Han-gu Council member” (hereinafter “the instant Council member”) in Seongbuk-gu, Sungnam-gu.

On April 2015, the Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted an on-site investigation (the period subject to investigation: from March 2012 to February 2015; hereinafter “instant on-site investigation”) as to whether the Plaintiff claimed appropriate expenses for benefits of Hanwon.

As a result of the instant on-site investigation, based on Article 98(1)1 of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same), Defendant Minister suspended the business of a medical care institution for the Plaintiff on January 13, 2017 (from June 26, 2017 to September 17, 2017).

(hereinafter “instant disposition disposition”). Total amount of money: 88,189,460 won: Claim for medical treatment fees and test fees (hereinafter “the ground for disposition 1”): KRW 88,166,545; - Medical Service Act Article 27 (Prohibition of Unlicensed Medical Practice, etc.) provides that no person, other than a medical person, shall conduct medical practice. However, sediciciciciciciiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) connected a certain number of persons, after the Plaintiff was invaded, connected with electricity and adjusted the extreme intensity. In addition, even though Sediciciciciiiiiiiiiiiiiiiiiiiiiiiiii) performed by Non-qualified C, a false claim for the number of days of origin within the medical care benefit cost (hereinafter “the ground for disposition 2”), 184,820 won - Some persons were recorded in the medical examination and treatment account, and the calculation of the period of business suspension as follows.

The defendant will be 84% of the total amount of costs of health care benefit for the investigation period (from March 2012 to February 2015, 36 months), the average monthly unfair rate of 698,449,550 won during the period of suspension of business, 88,189,460 won during the investigation period, 2,449,707 won.

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