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(영문) 대전지방법원 천안지원 2018.07.27 2017가합101433
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director who operates the D Hospital in Seo-gu, Seoan-gu, Seoan-si (hereinafter “instant hospital”), and the Defendant is the medical specialist in the film department employed in the instant hospital on April 2009.

B. On October 13, 2014, the National Health Insurance Corporation’s branch office notified the Plaintiff of the scheduled recovery of medical care benefit costs of KRW 60,545,320 (the first recovered amount) based on Article 57 of the National Health Insurance Act, and the Ministry of Health and Welfare notified the Plaintiff on March 28, 2017 that the Plaintiff would be subject to disposition to suspend the operation of medical care institutions and to recover medical care benefit costs as follows, based on Articles 57 and 98(1)1 of the National Health Insurance Act:

(hereinafter “instant disposition”) disposition by the Ministry of Health and Welfare; 5. Details to be taken;

(a) 73 days from the business suspension of medical care institutions;

(b) Collecting 271,783,060 won (attached Form) and details of an administrative disposition calculation;

2. Details of unfair amount calculation;

(a) Unfair amount: 271,783,060 won (unfair amount shall be scheduled to be collected by the National Health Insurance Corporation);

(b) Claim for the violation of the standards for operating special medical equipment: 211,292,310 won - In the case of the defendant in the department of video therapy, even though he/she did not work at the hospital in the actual case from December 1, 2012 to June 11, 2014, he/she reported as a full-time manpower and filed a claim for unfair claim for medical care benefit from the medical care benefit cost, such as self-official image diagnosis fees and computer image diagnosis fees, even though he/she did not work at the hospital in the actual case and did not work at the hospital in the remote level: 60,623,065 won - In the case of the defendant in the department of video therapy, he/she filed a report as a full-time manpower and filed a claim for the reading fees, video storage and transmission system of the department of video diagnostic diagnosis, even if he/she did not work at the hospital in the actual case from December 1, 2012 to June 11, 2014.

3. Total amount of medical care benefit costs (from December 2012 to June 6, 2014, from September 2015 to November 2015, and 22 months) subject to the administrative disposition calculation.

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