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(영문) 서울행정법원 2017.11.09 2016구합76299
업무정지처분취소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a medical corporation established and operated for the purpose of establishing and operating a medical institution, and established and operated a “C convalescent Hospital” (hereinafter “instant hospital”) under the Medical Service Act from June 2012.

B. The Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted an on-site investigation with respect to the instant hospital (hereinafter “on-site investigation”) setting the period of investigation from June 16, 2014 to June 19, 2014 as the period from June 6, 2012 to April 2014.

C. According to the results of the above on-site investigation, on August 17, 2016, Defendant 2: (a) “The Plaintiff reported as a full-time doctor even if he/she worked for the instant hospital on a part-time period from February 1, 2013 to June 18, 2014; and (b) was granted the rating based on the differential rate of hospitalization fees for the instant hospital (hereinafter “medical grade”) from Grade 2 to Grade 1; (c) the nurse E obtained the aforementioned portion of nursing care expenses from Grade 2 to Grade 4, 2, 2014 (hereinafter “the ground for the instant measure D related to the doctor”); and (d) the Plaintiff received the aforementioned portion of nursing expenses from Grade 1 to Grade 4, 2, 2012 to Grade 2, from Grade 1, 2, 2, 2014 to Grade 3, 2, 31, 2013.”

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