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(영문) 서울행정법원 2016.09.01 2016구합52682
요양기관업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff in the circumstances of the instant disposition is operating the Korea Council Members C in B (hereinafter referred to as “Korea Council Members”).

On July 21, 2014, the Defendant launched an on-site investigation on the details of medical care benefits, etc. (the period subject to the investigation: ① from June 1, 2011 to March 31, 2012; ② from March 1, 2014 to May 31, 2014; ② from April 1, 201 to May 31, 2011; hereinafter “instant on-site investigation”) against a member of the Republic of Korea, but the Defendant determined that the Plaintiff refused the instant on-site investigation and suspended the investigation on the following day and rejected the said investigation.

Accordingly, on December 14, 2015, the Defendant rendered a disposition to suspend the business of a medical care institution for one year (from February 1, 2016 to January 31, 2017) pursuant to Article 98(1)2 of the National Health Insurance Act on the ground that “the Plaintiff rejected, obstructed, or evaded the inspection or questioning by a public official belonging to the Defendant under Article 97(2) of the National Health Insurance Act.”

(2) The Plaintiff asserts that the instant disposition should be revoked on the following grounds, as the Plaintiff’s assertion as to the legitimacy of the instant disposition is unlawful: (a) there is no dispute on the grounds of recognition; (b) the entry of the evidence No. 2 and the purport of the entire pleadings.

The Defendant violated the duty to notify the purpose and object of the instant on-site investigation before conducting the instant on-site investigation. This violates Article 17(1) of the Framework Act on Administrative Investigations concerning advance notice of the administrative investigation.

The Defendant’s violation of the entries in the written request for submission of medical care (medical care) related documents is omitted in the submission of the written request for submission of medical care (medical care) benefit documents presented by the Defendant at the time of the instant on-site investigation. This is against Article 10(2) of the Framework Act on Administrative Investigations concerning the matters stated in the written request

According to the field survey guidelines of unfair medical care institutions for calculating the investigation period.

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