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(영문) 서울행정법원 2013.10.25 2011구합28813
과징금부과처분취소
Text

1. As to the plaintiff:

A. The Minister of Health and Welfare imposes a penalty surcharge of KRW 1,102,656,150 on August 4, 201.

Reasons

1. Details of the disposition;

A. Establishment of D and the establishment of B hospital, E hospital, and C hospital (1) on August 14, 1992, the Plaintiff D (hereinafter “D”) with the purpose of establishing and operating a medical institution on August 14, 1992

2) On May 26, 1994, the Gyeongnam-do established the B Hospital (hereinafter “B Hospital”) and entrusted its management to D upon receiving the donation of land from D and the Plaintiff.

3) Around April 26, 1996, D opened an E Hospital (hereinafter “C Hospital”) at the immediately next side of B Hospital as the Plaintiff’s founder. D) Gyeongnam-do received donations from D and the Plaintiff, and on July 12, 200, entrusted the management of the hospital (hereinafter “C Hospital”) to D.

5) The above three hospitals (hereinafter referred to as the “three hospitals of this case”).

(B) The head of the Ministry of Health and Welfare and the Minister of Health and Welfare (hereinafter “the Minister of Health and Welfare”) shall conduct on-site surveys by the Ministry of Health and Welfare (hereinafter “the Minister of Health and Welfare”) on the following grounds: (a) a mental hospital, the primary specialized department for mental medicine, or a senior dementia hospital related thereto, is operated as one hospital

As a result of an on-site investigation conducted with respect to B and C hospital from November 9, 2009 to September 14, 2009, it determined that the above hospital claimed medical care benefit costs and medical care costs as follows, respectively, for the period from July 1, 2008 to September 30, 2009 (total 15 months). - Claim for medical care benefit costs and medical care costs for patients at other medical institutions (E hospital) - Claim for the medical care costs of patients hospitalized at B hospital for the details of the examination and treatment at B hospital - Claim for violation of the calculation standard of mental care costs of KRW 53,280,560, 168,580, and 580, the work and entertainment method may be calculated in cases where a full-time expert (such as mental health nurse, social welfare worker, etc. was conducted) under the diagnosis and instruction of a psychiatrist, but at the end of July 200 to February 209 without a prescription between a psychiatrist and a psychiatrist.

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