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1. The Defendant’s imposition of a penalty surcharge of KRW 1,230,391,890 against the Plaintiff on April 17, 2017 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. The Plaintiff is a person who established and operated the Yangcheon-gu Seoul Metropolitan Government C Hospital (hereinafter “instant hospital”).
B. From August 18, 2014 to August 23, 2014, the Defendant conducted an on-site investigation on all the matters concerning the medical care benefits of the instant hospital (hereinafter “instant on-site investigation”) by setting the period subject to investigation from July 1, 2011 to June 30, 2014.
C. On April 26, 2017, the Defendant: (a) even though the Plaintiff, from July 1, 2011 to Oct. 31, 2012, 201, was in charge of providing meals to inpatientss at the instant hospital, the Plaintiff: (b) the Plaintiff was affiliated with the instant hospital and was paid KRW 245,960,940 for food costs (nutritions, cookss, and selective group) by filing a false report; (c) the dietitians indicated in [Attachment 1] were not full-time at the instant hospital during the period indicated in the table; and (d) the Plaintiff did not make a full-time dietitians of the instant hospital during which the dietitians belonging to the instant medical care institution are working for at least one person; and (e) the Plaintiff could make a false report; and (e) the Defendant could make a false report to the Plaintiff, without being able to make a full-time dietitians and direct management of the instant hospital; and (e) the Defendant could make a false report to at least 20, 16.1.1.4 of nutritions.
Based on Article 99(1) of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same), a penalty surcharge of KRW 1,230,391,890 (three times the total amount of unfair practices) was imposed (hereinafter “instant disposition”).
[Attachment 1] The name of occupation and the details of the report (standing) are confirmed (non-standing type of work) and the non-high-age dietitian G on November 3, 201.