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(영문) 광주지방법원 2017.09.14 2017구합10395
실사요양급여비 환수결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the insurer of the National Health Insurance, who operates the C Hospital in the Jeonsi-gu Seoul Special Metropolitan City (hereinafter “instant hospital”), and the Defendant is the insurer of the National Health Insurance, who performs business, such as payment of insurance benefit costs and imposition and collection of dues under the National Health Insurance Act.

B. As a result of the field investigation by the Minister of Health and Welfare with respect to the instant hospital, the Defendant confirmed the following violations of the National Health Insurance Act and the National Health Insurance Act (hereinafter “the instant disposition”) and calculated the unfair amount, and subsequently, issued a disposition to recover and notify unjust enrichment of KRW 89,184,690 to the Plaintiff (hereinafter “instant disposition”).

The difference between the unfair amount of 89,242,52 won and the recovered amount of 89,184,690 won according to the disposition in this case was generated in the course of single disposal of national funds.

The claim for violation of the differential calculation standard of hospitalization fees (70,526,490 won) - the list of health insurance benefit costs and the relative point of benefits in Part 1, Part 2 of the relative point of the health insurance act's reimbursement table and the calculation guidelines [calculated Guidelines] 2.

According to the differential classification system of nursing care fees for inpatients based on the level of nursing personnel, it shall be calculated according to the average number of nurses (non-exclusive number of nurses) of the immediately preceding quarter immediately preceding quarter of the general sick unit to provide nursing services in comparison with the number of beds immediately preceding quarter of the general sick unit. However, it shall be calculated differently from the actual number of nurses engaged in nursing services for inpatients, and it shall be reported differently from the actual number of nurses, and the class 4 of nursing class in February 4, 2013 to March 3, 2013 to March 4, 2014 to April 3, 204, and 4/4/4 to February 2013 (18,716,054 won) - In cases where health care benefits under Article 41 (1) of the National Health Insurance Act are provided, it shall be accurately calculated and collected expenses to be borne by the principal pursuant to Article 44 of the same Act and Article 19 (1) of the Enforcement Decree of the same Act, but shall be used and shall be charged (K).

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