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Reasons
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(영문) 대전지방법원 2018.09.06 2017구합104339
과징금부과처분취소
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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. The Plaintiff is a doctor operating the C Hospital in Gwangju Mine-gu (hereinafter “instant hospital”).

B. After conducting an on-site investigation with respect to the instant hospital on December 2, 2014, the Defendant imposed a penalty surcharge pursuant to Article 99(1) and Article 98(1)1 of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same) on May 2, 2017 on the ground that the Plaintiff collected an excessive amount of personal charges of KRW 27,813,666 in total due to the reason that the Plaintiff collected an excessive amount of personal charges of KRW 99(1) and Article 98(1)1 of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same shall apply) in excess of the standard amount of narcotics.

(hereinafter referred to as the "disposition of this case". The grounds of paragraphs (1) through (5) above are referred to respectively as the "reasons for Disposition of Paragraph (1)". Specific calculation details of penalty surcharges are as follows:

- The total amount of costs of health care benefit before mitigation and the total amount of costs of health care benefit for the investigation period of administrative dispositions (from March to August 2014, to June 2014, 5, 5,439, 633, 010 27,804, 560, 560 4,634, 0930, 83, 813, 680 - The total amount of costs of health care benefit due to mitigation and the total amount of costs of health care benefit due to administrative disposition investigation (from March 2014 to August 2014, 2014) subject to the application of the total amount of costs of health care benefit for the investigation period of administrative disposition (from August 27, 2014, 5, 2039, 6339, 010, 804, 5027, 35, 2104, 85, 8684).

4. The person shall be subject to mitigation in accordance with the disposition of mitigation, and there is no dispute over the total amount of mitigation applied, which is the basis to recognize that the amount would be less than 1/2 of 938,710 won refunded to a civil petition is applied only at the time of the determination of

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