1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The following facts may be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in the evidence Nos. 1 and 5.

The plaintiff is a doctor who is operating the C Hospital in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "instant hospital").

The Defendant Minister of Health and Welfare (the Minister of Health, Welfare and Family Affairs expanded the name and the organization of the Defendant on February 1, 2008, and the name and the organization have been changed to March 201, again to the Minister of Health and Welfare on March 2010; hereinafter the same shall apply to the unification of the Ministry of Health and Welfare except for the case of admitting the text of the Act; hereinafter the same shall apply) conducted on-site investigations for the medical treatment of the period from September 29, 2009 to October 30, 207 of the instant hospital from June 1, 2007 to November 30, 207, and from May 1, 2008 to July 31, 208.

As a result of the above on-site investigation, the Defendant Minister of Health and Welfare imposed a penalty surcharge of KRW 353,54,920 ( = 88,386,230 x 4 times) on April 13, 2010 on the Plaintiff on the ground that the Plaintiff claimed medical care benefit costs by deceit or other fraudulent means as follows, pursuant to Article 85-2(1) of the former National Health Insurance Act (amended by Act No. 9690, May 21, 2009; hereinafter “National Health Insurance Act”).

(hereinafter referred to as “the imposition of penalty surcharge in this case”). The imposition of penalty surcharge in this case shall be 88,386,230 won: The excessive collection of the principal’s charges: 53,376,914 won of the detailed calculation basis amount of the unfair amount of KRW 88,386,230 - the collection of pharmaceutical expenses in excess of the standard amount of pharmaceutical expenses: 1,918,039 - the excessive collection of pharmaceutical expenses in excess of the standard amount of pharmaceutical expenses for non-use: 4,392,521 - the collection of pharmaceutical expenses in excess of the standard amount of the main feed: 80,620 - the collection of at least the standard amount of treatment and operation fees: 5,26,256 won: 87,116 - the collection of inspection fees in excess of the standard amount: 448,731 won - the collection of medical expenses in excess of the standard amount of medical expenses: 5,116,812 won for