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(영문) 서울행정법원 2013.10.31 2013구합4835
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. From October 2007, the Plaintiff acquired the D Hospital located in Msan City C, and obtained permission to establish a medical institution jointly with B on November 5, 2007. On the 14th of the same month, the Plaintiff operated the D Hospital (hereinafter “instant hospital”) with business registration and permission to establish a medical institution under the sole name of the Plaintiff, and transferred the instant hospital comprehensively to E around August 2008.

After that, on November 2010, the Plaintiff took over the instant hospital again, changed its name to the F Hospital, and operated it up to now.

The addition of meals to patients and cooks to patients in violation of the calculation standards for food free employment (183,01,430 won) shall be calculated when there are not less than two full-time dieticians and cooks in charge of patient meals who belong to the relevant medical care institution in the case of the food free employment of patients in excess of the hospital level. Direct employment of a medical care institution shall be calculated when there are not less than one dietitians belonging to the relevant medical care institution and directly operating the curriculum of providing meals in the relevant medical care institution. However, even though the relevant medical care institution entrusted the operation of the process of providing meals, such as the purchase of human resources and food materials necessary for providing patients,

B. As a result, the Defendant conducted an on-site investigation on the medical records (from November 14, 2007 to July 31, 2008) implemented at the instant hospital from January 18, 2010 to February 22, 201, confirmed that the Plaintiff made an unfair claim for medical care benefit costs as follows:

C. Accordingly, on December 5, 2011, the Defendant rendered a disposition of 83 days of business suspension of a medical care institution, as shown below, pursuant to Article 85(1)1 of the former National Health Insurance Act (amended by Act No. 9386, Jan. 30, 2009) and Article 61(1) [Attachment Table 5] of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 21131, Nov. 26, 2008) on the basis of the above unfair amount to the Plaintiff.

(hereinafter “instant previous disposition”). The total amount of costs of health care benefit for the review period of investigation is total.

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