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(영문) 서울행정법원 2018.11.29 2018구합63297
업무정지처분취소
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 established and operated the Suwon-si Cnean Medical Center (hereinafter “instant hospital”) in Suwon-si B.

B. On July 2016, the Defendant conducted an on-site investigation on the instant hospital by setting the period of investigation as “from June 2013 to November 2013, and from March 2016 to May 2016”.

C. Based on the results of the above on-site investigation, the Defendant: “In order for a medical care institution or a medical care institution to claim and receive medical care costs or medical care costs, at least one medical specialist in the department of non-exclusive image as the operating personnel of the computerized group (TT) shall perform the duties of quality control, etc. of medical image on the ground that D reported by the medical care institution or the medical care institution as a medical specialist in the department of non-exclusive image (CT). On the ground that the Plaintiff did not work at the hospital of this case and did not perform the duties of general administration or supervision of the personnel of non-exclusive image and medical image quality control, and received 63 days of business suspension based on Article 98(1)1 of the National Health Insurance Act on March 6, 2018, the Defendant issued a disposition of business suspension of a medical care institution for 46 days based on Article 28(1)1 of the Medical Care Assistance Act on February 28, 2018.

In total, "the Disposition in this case" means the Disposition in this case (the fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, Eul evidence No. 1 to 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. According to the Defendant’s guidelines on on-site investigations, where there is a problem of unfair claims, etc. with the medical care institution subject to on-site investigations, the period of investigation shall be extended within three years.

However, in the instant on-site investigation, the Defendant is aware of the fact that the Plaintiff destroyed the computerized body photographing device on December 18, 2013.

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