logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.11.02 2018누41527
실사요양급여비환수결정취소청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a herb doctor who establishes and operates a C convalescent Hospital (hereinafter “instant hospital”) in Jung-Eup Si.

B. On October 2014, the Minister of Health and Welfare conducted on-site investigations on all matters concerning the medical care benefits and medical benefits of the instant hospital, setting the period of investigation from November 2012 to August 2014.

C. On April 26, 2017, the Minister of Health and Welfare: (a) on the ground that the Plaintiff did not work at the instant hospital for the period indicated in the table below (hereinafter “instant period”); (b) the Plaintiff was unable to receive an additional charge on the ground that (i) the dietitians listed in the table below (hereinafter “the instant dietitians”) did not work for the instant hospital, and (iii) the food selective meals and direct medicine production that can be calculated only when a dietitians working for a medical care institution employ more than one person, and (iv) the dietitians working for a medical care institution with a hospital level or higher are working for more than two full-time persons; (iv) the Plaintiff could not receive an additional charge on the ground that he/she provided the Defendant with the additional charge under Article 18 of the National Health Insurance Act (hereinafter “the instant medical care benefit claim”); and (v) the Defendant could not unfairly receive an additional charge from November 2011 to August 2014 on the ground that he/she reported the Plaintiff as a dietitian’s full-time.

The table of dietitians related to the disposition shall be from November 1, 2012 to August 2, 2013, E from November 1, 2012 to August 2, 2013, to December 11, 2012, F from December 12, 2012 to August 12, 2014.

On June 5, 2017, the Defendant: (a) based on Article 57(1) of the National Health Insurance Act, the sum of the improper amounts of KRW 401,116,550 to the Plaintiff.

arrow