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(영문) 서울중앙지방법원 2016.11.30 2014가단103839
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a doctor who establishes and operates a medical institution on the fourth floor of the member-gu Seoul Metropolitan Government, Ansan-si, called “Csan Women’s Department and Council Members” (hereinafter “instant hospital”).

B. Public officials belonging to the Ministry of Health and Welfare from February 26, 2010 to the same year

3. From February 1, 2007 to November 30, 2009, an on-site investigation was conducted with respect to the instant hospital by setting the period subject to the investigation for six days from February 1 to November 30, 2009.

C. As a result of an on-site investigation, the Minister of Health and Welfare determined that the Plaintiff imposed a total of KRW 32,720,250 on the insurer, etc. by deceit or other unlawful means as follows, and on that ground, imposed a disposition of suspending the business of a medical care institution for 40 days on the Plaintiff pursuant to Article 85(1)1 of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 201; hereinafter “former National Health Insurance Act”) on April 8, 2011.

(hereinafter) According to the detailed statement on the criteria and method for applying medical care benefits (No. 2007-3 of the Ministry of Health and Welfare’s notification on January 23, 2007) for a claim for violation of the standards for applying medical care benefits in violation of the standards for the recognition of an operation for an operation for the use of a man-made tape of the summary amount (hereinafter “instant disposition”). An operation for the use of a man-made tape is recognized only when it is confirmed that the main amount of the anti-tension loss or the anti-tension loss for the use of a man-made tape has been verified as a epidemian test and that the required pressure is less than 120ccH2O (hereinafter “instant recognition criteria”). If it does not meet the instant recognition criteria, all kinds of medical care costs, such as operating fees, hospitalization fees, and anesthesia fees, are non-paid

However, even if the result of the examination of the epidemiology does not meet the criteria for recognition of this case, the Plaintiff shall revise the data as a result of the examination to change the name and the date of the examination, and thereby, hospitalization, anesthesia and surgery fees.

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