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(영문) 서울행정법원 2015.07.24 2012구합33942
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. In a case where a medical doctor provided medical treatment to a person who entered the facility and issued an out-of-the-the-counter prescription, etc., the medical care institution, E-Medical care center, etc. may not be calculated as medical care benefit costs, and the medical care costs, such as treatment fees, main feed, and E-the-counter treatment fees, etc., or where a medical doctor provided an out-of-the-counter prescription, he/she may claim 100% of the medical care fees without calculating the medical care fees (A25080) out of the medical care fees (hereinafter “reasons for Disposition 1”), and also claim 33,208,284 of the medical care fees for non-in-the-counter medical care (hereinafter “reasons for Disposition 2”), and the medical care fees for non-in-the-counter medical care without having been actually performed (hereinafter “reasons for Disposition 2”).

3. Calculation details of administrative disposition (unit: prime average amount: 260,153,80 50,153,80 260,153,80 50,153,880 50,000,000 65,038,470 1,806,624 March 70, 200 50,750,753,753,673,00 65,03,880 260,000 50,000 60,000,000,000 from May to April to 2011, 200, the total amount of the costs of health care benefit subject to investigation x the total amount of the costs of health care benefit subject to investigation x 100 / 10 /

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion 1’s grounds for disposition 1, the number of violation of the standards for calculating the medical doctor of the Convention medical institution is 2,601. However, it is impossible in light of empirical rule to view that the doctor of the instant hospital and the physical therapy visited the Convention medical institution for each violation case, the size of the water treatment machine, the number of necessary machinery, and the number of the machinery possessed by the Plaintiff, etc., it is physically difficult to treat the water treatment after taking the physical treatment equipment to social welfare facilities, such as Egyptian, etc., while the number of students of Grade 1, 2, and 3 are difficult to move, but the students of Grade 2 and 3 are on the hospital of this case with their own operation or support of auxiliary personnel.

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