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(영문) 서울행정법원 2016.02.26 2015구합51064
과징금부과처분취소
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 a doctor to establish and operate Jung-gu Incheon Metropolitan Government B (hereinafter “instant hospital”).

B. (1) On May 27, 2011, the Defendant entered into an on-site investigation of the instant hospital by setting the subject period from January 27, 2010 to June 201 of the same year (1/4 quarter and 2/4 quarter of 2010) and from January 201 to March 201 of the same year (1/4 quarter of 2011), as a result of the instant hospital’s on-site investigation of the details of the instant hospital, the instant hospital’s class of hospitalization fees based on the level of manpower secured by doctors in the convalescent hospital as follows (hereinafter “grade of intention”).

(1) The average number of beds during the immediately preceding quarter shall be calculated based on the number of full-time doctors in the relevant medical care institution, but the number of time workers or day-day workers shall be calculated as 0.5 in the case of workers with at least 20 hours a week, but in the case of doctor D, 3-4 days a week from January 1, 201 to December 11, 201 of the same year (monthly day: 09:0-18:00, demand day: 09:00-day from 09:00 to Saturdays, and Saturdays: 09:00-day from 09:00 to Saturdays: 00, 09:0-17:00 with shooting weeks, but full-time workers have been reported and claimed as 2-class 1/4 quarter doctor class 2 in accordance with the level of nursing personnel at the level of nursing personnel in the medical care hospital.

(1) On April 4, 2012, the number of nursing personnel exclusively in charge of nursing for the number of hospitalized patients in the immediately preceding quarter (the number of nursing personnel shall be calculated according to the nurse and nurse's nurse's nurse, but in the case of nurse E, even though he/she was not engaged in nursing services for inpatients from February 1, 201 to April 19, 201, he/she filed a claim for class 5 of class 5 of class 3 of class 2010, including filing a report as nursing personnel. On the ground that he/she unjustly claims medical care benefit costs and medical care expenses in violation of the criteria for calculating the differential rate of hospitalization under the foregoing, he/she made a disposition imposing a penalty surcharge of KRW 270,204,100 equivalent to five times the total unfair amount, in lieu of 60 days of business suspension on April 4, 2012, and 2.

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