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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of each disposition;
A. From February 4, 2013, the Plaintiffs established and operated the “Hsan Women’s Medical Care Center” (hereinafter “instant Council member”), which is a health care institution under the National Health Insurance Act, in Gu/U.S. City G from February 4, 2013.
B. The Minister of Health and Welfare, from February 11, 2014 to October 15 of the same month, conducted on-site investigations (the period subject to investigation: from February 2013 to April 2013, and from August 2014 to October 2014; hereinafter “instant on-site investigations”) with respect to the instant member, and as a result, determined that the Plaintiffs excessively collected their own charges during the said investigation period as follows:
The excessive collection of personal charges: 65,956,663 - Where medical care benefits under Article 41 (1) of the National Health Insurance Act are provided, an excessive collection of personal charges, such as collecting examination fees in excess of the standard amount (hereinafter “instant disposition cause”) - At least 25,214,253 won and operating fees, at least the standard amount: Collection at least 7,439,910 won and other separate collection than the standard amount for imposition of medical care benefits under Article 41 (1) of the same Act: Separate collection other than the standard amount for imposition of medical care benefits under Article 44 of the same Act and Article 19 (1) of the Enforcement Decree of the same Act: 6,48,500 won and materials for medical treatment (general beds at least 50%: 24,500 won, 500 won, 400 won, and 400 won, 500 won, and 400 won, and 400 won, respectively.
C. The Minister of Health and Welfare finally mitigated the unfair amount, and finally calculated 65,712,960 won as unjust enrichment.
After re-examination of this, the Defendant received prior notice on February 23, 2018 after subtracting 473,673 won from unjust enrichment, and on March 16, 2018, issued a disposition to recover medical care benefit costs of 65,480,960 won to the Plaintiffs based on Article 57 of the National Health Insurance Act.
(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap evidence 1, and Eul evidence 1 and 2.