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(영문) 서울행정법원 2021.03.18 2020구합57684
의사면허자격정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a dentist who runs a dental clinic (hereinafter “instant hospital”) on the building B in Jung-gu, Seoul and the second floor from May 2014 to March 2018.

B. From October 23, 2017 to May 25, 2017, the Defendant conducted a field investigation on the instant hospital (from March 2015 to May 2016, and from June 2017 to August 2017, hereinafter “instant field investigation”).

(c)

Based on the results of the instant field survey, on February 12, 2020, the Defendant rendered to the Plaintiff a disposition of suspending a dentist’s license for seven months (from March 10, 2020 to October 9, 2020) pursuant to Article 66(1)7 of the Medical Service Act for the following reasons (hereinafter “instant disposition”).

Dispositions Item : Disposition of suspending the qualification of dental doctors for the suspension of dental license: Seven months (from March 10, 202 to October 9, 2020): The result of the judicial treatment of a fine of KRW 3 million (Seoul Central District Court Decision 2019 high group 5701, Nov. 26, 2019): Where the relevant documents are forged or falsified, or the medical expenses are falsely claimed by fraudulent or other unlawful means: The Plaintiff is entitled to the legal basis related to the disposition of the medical care benefits for certain patients from April 3, 2015 to September 6, 2017: The legal basis related to the disposition of the request for medical care benefits by means of false request for internal medical treatment, false request for treatment without medical treatment, double request for benefits after non-medical treatment, etc.; and Article 66(1)7 of the Medical Service Act; Article 56(1)7 of the former Rules related to Medical Care; and Article 5(7)7 of the Health and Welfare Rules (amended by Ordinance of the Ministry of the Ministry of the Interior.

1. Common standards:

(a)(iii)(b) and

2. Individual standards:

(a) 38);

(a) Amount claimed in falsehood: 17,043,868 won;

B. False claim for the number of days within the detailed calculation details of the false claim amount (hereinafter “the ground for disposition No. 1”): In the case of some veterinary persons, the medical examination fees, etc. were provided as medical care costs, and the medical examination fees, etc. were claimed as medical care costs (hereinafter “the ground for disposition No. 2”).

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