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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of each disposition;
A. The Plaintiff, as a herb doctor, has established and operated the Seoul Gangnam-gu Seoul Building and the third floor “Chanwon”, a medical care institution under the National Health Insurance Act (hereinafter “Korea Medical Center”).
B. On May 30, 2012, the Defendant had been requested by the Defendant Corporation to conduct an on-site investigation of the instant Institute, and around May 2014, the Defendant conducted an on-site investigation of the instant Institute (the period subject to the investigation: April 201 to March 201, and January 201 to March 2014 to March 2014; hereinafter “on-site investigation”) with respect to the instant Institute.
The Defendant Minister determined that the Plaintiff received the medical care benefit cost of KRW 41,930,190 on the instant spot investigation as follows.
The double claim for medical care benefit costs after the treatment subject to non-benefit: 41,930,190 - 41,930,190 - 41,930,000 - 41,930,000 - The diagnosis fees and oriental medicine treatment fees, etc. for medical care benefits even though the treatment subject to non-benefit was performed and collected as non-benefit to the person who received the relevant expenses, were stated as having provided additional medical treatment,
C. On October 28, 2016, based on Article 98(1)1 of the former National Health Insurance Act (Amended by Act No. 13985, Feb. 3, 2016; hereinafter the same), Defendant Minister issued a disposition to suspend the operation of a medical care benefit institution for 165 days (from February 27, 2017 to August 10, 2017) to the Plaintiff.
(hereinafter “instant disposition of business suspension”). Specific calculation details of the instant disposition of business suspension are as follows.
3. Details of an administrative disposition - Relevant basis: Article 70(1) [Attachment 5] of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 27433, Aug. 2, 2016; hereinafter the same shall apply) - The total amount of medical care benefit costs subject to the investigation period (from April 2, 201 to March 201, from January 201, from January 201 to March 2014, from January 2014 to March 15, 2014, from January 2014, from March 15, 15) shall be 41.