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(영문) 서울행정법원 2020.07.23 2019구합66323
요양급여비용환수처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A is a doctor operated by Gangnam-gu Seoul Metropolitan Government “D Council member” (hereinafter “instant Council member”) from November 29, 2019 to Seoul.

B. On December 20, 2018, the Nam-gu Seoul Metropolitan City public health clinic referred a civil petition to the Gangnam-gu Office stating that “the instant member is conducting health examinations without his/her will,” and on December 21, 2018, the head of Gangnam-gu requested the Defendant to confirm whether the instant member had grounds for disposition, such as business suspension, etc.

Accordingly, around January 3, 2019, the Defendant conducted an administrative investigation on the instant member of the Council (hereinafter “instant on-site investigation”).

C. On March 12, 2019, the Defendant issued a disposition to recover medical care benefit costs of KRW 238,874,694 (hereinafter “instant disposition”) based on Article 57(1) of the former National Health Insurance Act (amended by Act No. 15874, Dec. 11, 2018; hereinafter the same) on the ground that the grounds for the following disposition are acknowledged to A according to the results of the instant on-site verification (hereinafter “instant disposition”).

[Attachment 1] According to the criteria for medical care benefit costs related to violation of the criteria for medical care costs (unfair amount of 97,112,300 won, hereinafter “reasons for Disposition 1”) among the first business trip examination, A shall have one medical doctor per 100 persons who undergo daily health examinations, and one medical doctor shall be added to the fraction. A, after the health examination was conducted by inserting a doctor who fails to meet the above criteria for a day, was conducted on a different day after the health examination was conducted on another day.

2. After 24 hours from the time of collecting the body, the test (an unfair amount of KRW 115,423,270; hereinafter referred to as “the ground for disposition 2”) was conducted in violation of the criteria for medical care benefit costs and the test should be completed within 24 hours after collecting the body, but the test was conducted in violation of the criteria for medical care benefit costs.

3 With regard to duplicate claims such as examination fees, counseling fees, etc. related to cancer examinations during business trips (unfair amount of KRW 26,39,159; hereinafter referred to as "reasons for third disposition").

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