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(영문) 서울행정법원 2019.03.28 2018구합78770
과징금부과처분취소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(4) As a result of the instant on-site investigation, the Defendant imposed a penalty surcharge of KRW 123,453,040 on June 27, 2018 on the following grounds based on Article 99(1) of the National Health Insurance Act (hereinafter “instant penalty surcharge”). Excessive collection: 30,872,973 National Health Insurance Act provides health care benefit under Article 41(1) of the same Act, the amount of the national health insurance fund should be accurately calculated and collected from the principal pursuant to Article 44 of the same Act; 19(1) of the Enforcement Decree of the same Act; (d) In short, the Defendant imposed a penalty surcharge of KRW 123,453,040 on the Plaintiffs; and (e) imposition of the penalty surcharge of KRW 30,872,973; and (g) imposition of the penalty surcharge of KRW 30,973; and (g) imposition of the penalty surcharge of KRW 190; (g) imposition of the penalty surcharge of KRW 106,250; (excluding the penalty surcharge).

E. Specific details of calculation of penalty surcharge of this case are as follows.

A penalty surcharge of 2,120,420,420,060,30,260, 30,429,251 won 1.45% 40,45% 40,403,453,040 won for the period of suspension of business of taking an administrative disposition of an average of the total amount of unfair monthly unfair amount (2,120,420,420,060 won from October to March 2014, 2015, from March to May 2016, 2016 to May 1, 2016)

F. On September 6, 2018, Defendant Corporation rendered a disposition to recover medical care benefit costs of KRW 30,872,973 against the Plaintiffs on the grounds of the same disposition as the foregoing paragraph (d).

(hereinafter “instant restitution disposition,” and both the instant penalty surcharge and the instant restitution disposition are “each of the instant dispositions,” hereinafter). 【No dispute exists, entry in the evidence Nos. 1 and 2, and the purport of the entire pleadings.

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiffs, at the time of the instant on-site verification, are as follows.

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