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(영문) 서울행정법원 2015.01.15 2014구합63183
과징금부과처분취소
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. On June 11, 2010, the Plaintiff established a “D Hospital” in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant hospital”) jointly with B.

B served as the president of the instant hospital from the time of the establishment of the instant hospital to March 31, 201, and the Plaintiff served as the president of the instant hospital from April 1, 2011 to the present date.

B. On October 31, 2012, E, the principal secretary of the instant hospital, “E, on May 9, 2011, at the Seoul Eastern District Court, prepared a false statement of medical care benefits as if he/she had been hospitalized for kidne for 12 days and received kidne treatment for 27 days, and submitted the statement to the National Health Insurance Corporation to submit the same for 2,757,680 won. Accordingly, he/she received the above amount from the National Health Insurance Corporation on May 16, 2011, received KRW 836,100, including medical care benefits corresponding to the 15 days portion of medical care benefits, which was falsely applied for. E, from the above date to December 12, 2011, by deceiving the National Health Insurance Corporation by means of the same method, thereby obtaining a total of 39,394,160,000 won from the above date to December 12, 2011 to receive a fine of 1.

C. On July 3, 2014, the Defendant: (a) was hospitalized in the instant hospital for more than the number of days actually hospitalized by the hospital from April 2011 to November 2011; and (b) filed a false claim for admission fees, etc. in the medical records, etc.; and (c) received a total of KRW 31,143,320 from the National Health Insurance Corporation, on the ground that the Defendant received payment of KRW 31,143,320 from the National Health Insurance Corporation; and (d) pursuant to Articles 98(1)1 and 99(1) of the National Health Insurance Act and Article 70(1) [Attachment Table 5] of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree”).

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