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(영문) 서울행정법원 2020.01.09 2017구합90186
업무정지처분취소
Text

1. The Minister of Health and Welfare’s business suspension on October 23, 2017 and the Defendant.

Reasons

Details of the disposition

The plaintiff is a doctor who has established and is operating a CPian (hereinafter referred to as the "instant member") in Daegu Northern-gu B and 3 floors.

The Defendant Minister of Health and Welfare (hereinafter “Defendant Minister”) conducted on-site investigations by setting the investigation period as 36 months from September 2012 to August 2015, 2015 with respect to the instant Council member’s investigation period as 36 months.

(hereinafter “instant on-site investigation.” On October 23, 2017, the Defendant Minister issued a disposition to suspend the operation of a medical care institution for 40 days (from May 14, 2018 to June 22, 2018) based on the “Article 98(1)1 of the National Health Insurance Act” for the following disposition to the Plaintiff:

(hereinafter referred to as “instant disposition to suspend operation”: (a) 33,531,90 won; (b) 33,533,738 won; (c) 33,533,738 won; (d) 22,340,655 won; and (e) 22,340,620 won; and (e) 33,533,738 won; and (e) 22,340,620 won, based on the “Article 57 of the National Health Insurance Act”, the Defendant National Health Insurance Corporation (hereinafter referred to as the “Defendant Corporation”) rendered a disposition to recover medical care benefit costs based on the “Article 57 of the National Health Insurance Act” against the Plaintiff on December 8, 2017.

(hereinafter “Recovery Disposition of this case,” and “each Disposition of this case,” including the disposition of this case’s suspension of business, are as follows. Specific calculation of the disposition of this case’s suspension of business is as follows.

The fact that there is no dispute over 1,148,349,050 won 33,531,90 won 931,900 won 931,441 won 2.92% 40% of the total amount of costs of health care benefit for the investigation period (from September 2012 to August 2015, 36) and the total amount of costs of health care benefit for the wrongful amount per month, and the purport of each of the instant dispositions is legitimate.

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