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(영문) 서울행정법원 2019.05.16 2018구합76934
요양기관 업무정지처분취소
Text

1. The Defendant’s business suspension of 10-day medical care institutions against the Plaintiff on June 4, 2018 shall be revoked.

2...

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff is an intention to operate the “A” council member in Chungcheong City B (hereinafter “instant council member”).

B. On December 23, 2014, the National Health Insurance Corporation requested the Defendant to conduct on-site investigations of the instant member.

(Period of Request for Investigation: from September 2013 to August 2014). (C)

On December 2015, the Defendant conducted a field investigation as to whether the instant member claims the appropriateness of the medical care benefit cost.

(Period of Investigation: From September 2013 to October 2014, and from August 2015 to October 2015; hereinafter “instant on-site investigation”). D.

On June 4, 2018, the Defendant: (a) ordered the Plaintiff to suspend the operation of a medical care institution for 10 days (from November 26, 2018 to December 5, 2018) on the basis of Article 98(1)1 of the National Health Insurance Act with respect to the instant member, based on the following grounds for disposition:

(hereinafter “instant disposition”). Total amount: double claim for medical care benefit after a medical examination subject to non-payment of KRW 5,294,300: In accordance with Article 9(1) [Attachment Table 2] of the Regulations on the Standards for Medical Care Benefits in National Health Insurance of KRW 5,05,690, the medical examination fee was collected from a person who received non-payment, but the medical examination fee was claimed after a medical examination fee was claimed as non-payment: KRW 238,610; - The medical examination fee was issued pursuant to Article 9(1) [Attachment 2] of the Regulations on the Standards for Medical Care Benefits in National Health Insurance; and the medical examination fee was collected from a person who received non-payment.

E. Specific details of the calculation of the period of business suspension are as follows.

509,560,320,560,320 won 5,294,300 won 31,429 won 1.03% of 1.10% of the total amount of costs of health care benefit for the investigation period (from September 2013 to October 2014; August 2015 to October 2015; 17 months) of the average monthly unfair amount, 509,560,320 won 5,294,300 won 31,429 won / 10% of the total amount of health care benefit for the investigation

2. Whether the instant disposition is lawful

A. The facts of recognition are from September 1, 2013 to October 31, 2014.

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