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(영문) 서울행정법원 2020.04.23 2019구합66972
요양기관업무정지처분취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a doctor who establishes and operates the “C Council member” (hereinafter referred to as the “instant Council member”) in the Chungcheong-gun B.

The Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted on-site investigations to determine whether the expenses incurred in providing benefits are appropriate, based on the period of investigation from August 2014 to February 2, 2017, and the total of 31 months.

(hereinafter “instant on-site investigation.” On February 27, 2019, the Defendant Minister rendered a disposition to suspend the operation of a medical care institution for 63 days (from August 26, 2019 to October 27, 2019) based on “Article 98(1)1 of the National Health Insurance Act” as the following grounds for the disposition to the Plaintiff:

(hereinafter referred to as the “instant disposition of business suspension”): False claim for the number of days of internal origin KRW 82,961,510: KRW 82,961,510 - In the case of a certain number of persons, the medical records recorded diagnosis fees, etc. in the medical records and the medical records were recorded in the medical records and the details of calculation of the specific period of business suspension of the instant disposition of business suspension for which medical examination fees, etc. were claimed as medical care benefit costs are as follows.

On April 16, 2019, Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”) issued a disposition to recover the costs of health care benefit of KRW 82,951,00 based on the “Article 57 of the National Health Insurance Act” as the ground for the above disposition against the Plaintiff on April 16, 2019, on the ground that the aforementioned disposition was taken, Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”) imposed a disposition to recover the costs of health care benefit of KRW 82,951,00 based on the “Article 57 of the National Health Insurance Act” as the ground for the above disposition against the Plaintiff.

(hereinafter “instant restitution disposition”). On October 1, 2019, based on the “Article 100 of the National Health Insurance Act”, the Defendant notified the Plaintiff that the instant member was finally final and conclusive on October 1, 2019 as a person subject to publication of the list of health insurance claims for false health insurance (period: from October 21, 2019 to April 20, 2020) as a result of deliberation by the Health Insurance Publication Deliberation Committee for the first half of the year 2019.

hereinafter “Disposition for Publication of the List”.

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