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(영문) 인천지방법원 2020.12.04 2018구합55085
부당이득금 환수처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Reasons for the instant restitution disposition

A. The Plaintiff, as a medical specialist in the film department, is opening and operating a “C Council member” (hereinafter “instant Council member”) which is the cause of the film department in the Nam-gu Incheon Metropolitan City.

B. From May 4, 2016 to May 6, 2016, the border regional headquarters of the National Health Insurance Corporation conducted on-site verification on the claim status of medical care benefit costs and medical care costs of the instant council members.

(Period subject to Investigation: From January 1, 2015 to December 31, 2015; hereinafter “First Investigation”). The Minister of Health and Welfare conducted an on-site investigation with respect to the instant member from December 5, 2016 to December 17, 2016.

(Period subject to Investigation: from January 1, 2015 to December 31, 2015, and from August 1, 2016 to October 31, 2016; hereinafter “Secondary Investigation”; and “instant on-site investigation” along with the first Investigation.

On July 23, 2018, based on the results of the instant on-site investigation, the Minister of Health and Welfare suspended the business of providing medical care for 30 days based on Article 28 (1) of the Medical Care Assistance Act on the ground that the Plaintiff filed a false claim for medical examination fees in the period subject to investigation as follows and imposes the expenses for medical care costs of KRW 3,768,530 in total on the basis of the Mayor who is an institution providing medical care (hereinafter

(hereinafter “instant medical care institution’s business suspension”). Business suspension of the instant medical care institution

(a) Unfair amount: 3,768,530 won;

(b) False claim for detailed medical examination fees for calculation of the unfair amount (3,768,530 won) - Basic medical treatment fees under Part II of Part I of the relative value of benefits for health insurance activities, the table of health insurance benefit costs, and the relative value of benefits;

1.(a)

According to the medical examination fee, when a patient was examined by the outpatient, the medical examination fee shall be calculated regardless of the issuance of a prescription, and when the patient was diagnosed, the medical examination fee shall be calculated, and when the patient was diagnosed, the medical examination fee shall be calculated, but when a part of the patient was diagnosed, the medical examination fee shall be assessed.

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