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(영문) 서울행정법원 2018.09.13 2017구합72560
업무정지처분취소
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. The Plaintiff is an intention to operate a “C Council member” (hereinafter “instant Council member”), which is a health care institution under the National Health Insurance Act, from the Gwangjin-gu Seoul Special Metropolitan City, the first to third level.

B. On October 2013, the National Health Insurance Corporation (hereinafter “the instant on-site verification”) conducted on-site verification as to whether the instant medical care benefit costs were properly claimed by the National Health Insurance Corporation members (hereinafter “on-site verification”), and as a result, requested the Defendant to conduct on-site investigations

C. On September 7, 2015, the Defendant conducted a field investigation as to the appropriateness of the instant medical care benefit cost claim of the instant member.

(Period of Investigation: From August 2012 to September 2013, and from May 2015 to July 2015; hereinafter “instant on-site investigation”). D.

As a result of the instant on-site investigation, the Defendant, based on Article 98(1)1 of the National Health Insurance Act on April 26, 2017, ordered the Plaintiff to suspend the operation of medical care institutions for the Plaintiff 99 days (from September 25, 2017 to January 1, 2018) of the instant member.

(hereinafter “instant disposition”). The grounds for the disposition are as follows:

In accordance with Article 9(1) [Attachment 2] of the Regulations on the Standards for Medical Care Benefits in National Health Insurance of KRW 45,674,859, the double claim for medical care benefits and unfair claims for medicine expenses after non-benefit-based medical treatment: (a) management of skin for beauty use, etc. subject to non-benefit-based non-benefit-based medical treatment; and (b) collection of the relevant expenses as non-benefit-based care for injury-diseases, such as “virma (L059)” and “any other training life-sustaining organisms (D233) of the part of which the detailed face is unknown,” and recorded in medical treatment records and claimed medical care fees, main feed, treatment, surgery fees, etc. (41,707,560 won) as medical care benefit costs; and (c) require a person to claim pharmacy medication expenses by issuing non-patient prescription-based medical care benefits (

E. Specific calculation of the suspension period of the instant disposition is as follows.

(Difference between the gross amount and the gross amount by detailed description shall arise in the course of single disposal of national funds). The total amount of medical care benefit costs for the investigation period.

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