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(영문) 서울행정법원 2018.12.06 2018구합53399
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. Details of calculation.

(a) Unfair amount: 216,787,320 won;

(b) False claims: 203,749,390 won - as a part of the truth-finding, G which is related to the wrongful claim of medical care costs among 38 persons, including admission fees and other fraudulent claims: 37 persons.

In the case of a claim for violation of the standards for calculating the differential rate of hospitalization fees in a convalescent hospital (hereinafter “reasons for Disposition 1”) which is not a medical care institution (hereinafter “E”), and the hospitalization fees, etc. were recorded in the medical care record and claimed as medical care benefit costs (hereinafter “reasons for Disposition 1”): seven persons, such as the nurseF, etc., from October 24, 2013 to March 20, 2015, shall be reported as nursing personnel exclusively in charge of nursing for inpatients, even if they were in charge of concurrent office and prime work, such as high-frequency outdoor work, etc., from October 24, 2013 to March 20, 2015, and the claim for medical care benefit costs (hereinafter “reasons for Disposition 2”) in Grade 1: The difference between the gross amount of unfair treatment and the detailed amount of each national fund, etc., arising in the course of single treatment.

F. After having received prior notice on July 13, 2016, the Defendant issued a disposition to suspend the operation of a medical care institution on November 20, 2017, based on Article 98(1)1 of the former National Health Insurance Act (Amended by Act No. 13985, Feb. 3, 2016; hereinafter the same shall apply) 85 days (from February 19, 2018 to May 14, 2018) to the Plaintiff.

(hereinafter “instant disposition”). Specific calculation details of the instant disposition are as follows.

3. Grounds related to the calculation details of administrative dispositions: The period subject to the investigation under Article 70(1) [Attachment 5] of the former Enforcement Decree of the National Health Insurance Act (Amended by Presidential Decree No. 27296, Aug. 2, 2016; hereinafter the same shall apply) shall be 2,297,163,350 won 216,787,320 won 9,853,969 won 8.43% 85% of the total amount of the costs of health care benefit in the period subject to the investigation under Article 70(1) [Attachment 5] calculation.

G. The Plaintiff on August 10, 2017.

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