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(영문) 서울행정법원 2019.11.14 2019구합63652
요양기관업무정지처분취소 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an intention to establish and operate a “Apresidential Foreign Service Council member” (hereinafter “instant Council member”) in Jeju City B.

B. In February 2018, the Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted an on-site investigation on the matters concerning the medical care benefits and medical benefits of the instant Council members by setting the period of investigation as “from June 2016 to August 2016, and from September 2017 to November 2017,” respectively.

C. On February 27, 2019, in accordance with the above on-site investigation, the Defendant: (a) on the ground that, in the case of a partial completion of the business, the Plaintiff taken a single-time test of management, water pipe, water pipe, stoke, stoke, stoke, stoke, stoke, stoke, stokes, stokes, and stokes (hereinafter “dtokes, etc.”) on the ground that the Plaintiff claimed for an unfair payment of KRW 13,368,810 for 30 days’ health care benefit costs based on Article 98(1)1 of the National Health Insurance Act, on the ground that “the amount of the business suspension of the instant medical care institution was increased by the number of actually taken.” (b) The calculation method for the period of the business suspension of the instant case is as shown below [the table] / [the average average of the costs of health care benefit for the investigation; (c) the unfair monthly rate of KRW 13630.7 months

D. On April 5, 2019, Defendant National Health Insurance Corporation rendered a disposition to recover medical care benefit costs of KRW 13,363,810 on the basis of Article 57(1) of the National Health Insurance Act in the same ground as the instant disposition of business suspension to the Plaintiff.

On April 11, 2019, Defendant Jeju Mayor issued a disposition to recover medical care costs of KRW 589,140 based on Article 23(1) of the Medical Care Assistance Act to the Plaintiff on the ground that “the medical care costs were unduly claimed in the same manner as the grounds for the instant disposition of business suspension.”

In the case of this case, "a disposition of business suspension and recovery of each of the above dispositions shall be taken together."

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