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1. The Defendant’s action to adjust the amount of health care benefit costs in KRW 3,339,180 against the Plaintiff on August 10, 2015 is brought against the Plaintiff.
2...
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 June 12, 2014 to July 14, 2014, the Plaintiff filed a claim with the Defendant for an examination of medical care benefit costs for meals provided to hospitalized patients by adding additional dues according to the dietitian’s service status and the additional dues according to selective provision.
C. However, according to the result of an on-site investigation conducted from August 18, 2014 to August 23, 2014 (subject period: from July 1, 2012 to June 30, 2014), the Defendant notified the result of the examination to adjust the amount of KRW 3,339,180 in total of the dietitians and selective group additional charges as shown in the attached Table 1 on the ground that there is no full-time dietitian during the period for which the Plaintiff requested an examination.
(hereinafter “instant disposition”). D.
The Plaintiff filed an objection to the instant disposition against the Defendant, but was dismissed, and again requested a trial by the Health Insurance Dispute Mediation Committee, but was dismissed on January 25, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) According to the provisions of the instant public notice, dietitians shall be “ full-time dietitians” in order to calculate the number of patients who are entitled to claim for medical care benefits costs, in order to be subject to the application of the dietitians’ allowance and selective group allowance. “full-time dietitians” means those who ordinarily work in a labor relationship with the employer to the extent that they will be distinguished from part-time workers on a part-time basis, day-time work hours, day-day work hours, wages, four times of employment, four times of employment, work form, and the possibility of engaging in side work.
Nevertheless, according to the uniform standard of 40 hours a week, a full-time dietitian is required in the instant hospital.