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(영문) 서울행정법원 2020.04.16 2019구합73499
과징금부과처분취소
Text

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 non-person who establishes and operates the “D Non-Party Medical Center” in the Yeongdeungpo-gu Seoul Metropolitan Government B and C (hereinafter “instant member”).

B. From July 14, 2016 to July 16, 2016, the Defendant conducted an on-site investigation into the instant member by determining the period of investigation as “the period of investigation from November 1, 2014 to April 2015 (hereinafter “former half-yearly period”) and from March 2016 to May 2016 (hereinafter “former half-yearly period”) nine months. As a result, on June 27, 2018, the Defendant conducted an on-site investigation into the instant member, setting the period of investigation as “the period of investigation from March 1, 2014 to April 2015 (hereinafter “former half-yearly period”) and imposed a penalty surcharge of KRW 30,061,130 on the ground that the Plaintiff claimed for medical care benefit costs in violation of the standards for calculating medical examination fees and the standards for calculating treatment of treatment, and notified the amount, instead of imposing a penalty surcharge of KRW 30,391,300,000.

hereinafter referred to as "disposition of this case"

1. Current status of medical care institutions of this case

2. Details of unfair amount calculation;

(a) Unfair amount: 10,061,130 won shall be expected to be collected by the National Health Insurance Corporation;

(b) Claim for violation of the calculation standard of medical examination fees of unfair amounts: KRW 711,230 - Basic medical treatment fees (calculated guidelines) in Part 1 of Part 2 of Part 1 of the Medical Care Act, such as the table of health insurance benefit costs and the points of relative value of benefits, (i) hospitalization fees, etc. - Medical examination fees (2.c.-(2)-(2)-(b) where a patient desires to perform a outpatient surgery, the medical examination fees shall not be calculated; however, the claim for the calculation standard of medical care costs as medical care benefit costs claim: KRW 9,372,450 - In the case of some disease patients, the medical examination fees shall not be calculated; however, the medical examination fees shall not be calculated; however, in the case of steam inhale treatment (s.-30-1), even after the steam

3. Grounds related to the calculation details of administrative dispositions: Criteria for the suspension of business and imposition of penalty surcharges under Article 70 (1) [Attached Table 5] of the Enforcement Decree of the National Health Insurance Act.

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