logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.12.13 2017구합88633
요양급여비용 환수고지처분 취소
Text

The Defendant’s disposition to recover medical care benefit costs rendered to the Plaintiff on June 12, 2017 is revoked.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a medical corporation that establishes and operates a “Cvalescent Hospital” (hereinafter “instant convalescent Hospital”) in Asan City B.

B. On June 12, 2017, the Defendant: (a) filed a report with the Plaintiff on June 12, 2017, on the following grounds: (b) the Plaintiff did not exclusively take charge of nursing services for inpatientss; (c) on July 2015, the nurse E did not take charge of nursing services for inpatientss; and (d) on September 2015, the Plaintiff, as the nursing team leader, did not take charge of administrative affairs, such as nursing services; (b) the Plaintiff filed a report with the nurse taking charge of nursing services for inpatientss; (c) on the basis of the Plaintiff’s report to the Plaintiff as the nurse taking charge of nursing services for inpatientss, the Plaintiff did not claim reimbursement of all of the aforementioned medical care benefit costs under Article 15 of the National Health Insurance Act (amended by Act No. 15085, Jul. 15, 2015; hereinafter “instant medical care benefit costs”); and (d) the Plaintiff did not claim reimbursement from the Defendant by 15% or 175% of the aforementioned medical care benefit costs.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of evidence Nos. 1 and 4, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's summary of the plaintiff's assertion D and E exclusively take charge of nursing services for inpatientss in the sick ward of the instant convalescent hospital during the instant period. Thus, it constitutes " nursing services" in the differential classification system based on the level of nursing personnel.

Therefore, the instant disposition is unlawful.

B. The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination 1) Articles 41(2) and 45(7) of the former National Health Insurance Act.

arrow