1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

A. As a doctor, the Plaintiff is establishing and operating a “Aneya” member (hereinafter “instant member”) located in Jeju-si B.

B. Around January 2016, the Defendant conducted an on-site investigation by setting the period of investigation (total 31 months) from December 2012 to March 2015, and from September 2015 to November 2015, as to whether the instant council members’ medical care benefit costs were properly claimed, etc.

(hereinafter “instant on-site investigation”). C.

On August 23, 2017 based on the results of the instant on-site investigation, the Defendant rendered a disposition to suspend the business of 40 days for the Plaintiff, based on Article 98(1)1 of the National Health Insurance Act, on the grounds that the Plaintiff was unfairly claimed and paid a total of 46,702,590 won of the medical care benefit costs as follows:

(hereinafter referred to as “instant disposition”). Among the grounds for disposition, a claim for medicine expenses, etc. prepared by an unqualified person related to the issues of this case (37,739,966 won) - No pharmacist or herb doctor may prepare medicines pursuant to Articles 23(1) and 24(4) of the Pharmaceutical Affairs Act, and a pharmacist is required to provide necessary medical guidance to a patient when he/she prepares medicines. However, he/she has a nurse C, D, E, F, etc. (hereinafter referred to as “ nursing assistant, etc.”) prepare medicines without specific and individual instructions, and the medicine expenses, etc. are claimed (b) as medical care benefit costs: 46,702,590 won: The total amount of medical care benefit costs (i.e., an administrative disposition based on an fiscal unfair amount) for the investigation period (i., e., 2012 to 39, 2015; i.e., 15 to 18, 2015; ii., 196.5 months); 7.