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(영문) 서울행정법원 2016.05.12 2016구합70
자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff is a dentist who establishes and operates the “C Medical Center” (hereinafter “instant dental clinic”) located in the Gu Government-si B and 303.

From November 19, 2012 to November 22, 2012, the Defendant conducted an on-site investigation (the period subject to investigation: from September 1, 2009 to March 31, 2012, and from May 1 to August 31, 2012) on the details of the instant dental clinic.

(hereinafter “instant on-site investigation”). 【Grounds for Disposition】

1. False claim for treatment (the amount of false claim: 1,037,970 won) of the number of days of internal origin and the treatment and treatment of the patient, i.e., Japanese shock treatment, multiple renal shock and diagnosis fees, etc. as if the patient had received treatment by being admitted to the day when the patient was not admitted, or the ordinary treatment, i.e., Japanese shock treatment, and mathy treatment fees, etc. not claimed to the patient who was admitted to the medical care

2. Medical care benefit claim for medical care benefit costs, such as double claim (amount of false claim: KRW 7,327,392) (amount of false claim: KRW 7,327,392) for medical care benefit costs, in spite of collecting the full amount of costs from the patient as non-benefit, after performing fluoral, clag treatment, optical composite renals, etc., which are medical care costs, and then collecting the full amount of costs from the patient;

3. The average of the monthly amount of false claims for the total amount of the medical care benefits for the period subject to investigation of the administrative disposition calculation details, the monthly average of the amount of false claims for the period subject to investigation, 204,405,580 won for which the license ratio was suspended, 8,365,362 won for the original sum, or 2 won for the course of treating the fraction of national funds, were generated.

(i) Article 66(1)7 of the Medical Service Act, Article 4 [Attachment Table] of the Rules on Administrative Dispositions on Medical Relationship, citing the following grounds confirmed as a result of the instant on-site investigation on November 13, 2015 by the Defendant for 232,371 won 4.1% 5 months

2.(a)

38) In accordance with [Attachment], a disposition taken to suspend the qualification of a dentist for five months (from July 1, 2016 to November 30, 2016) (hereinafter “instant disposition”) (hereinafter “instant disposition”).

(iii)(s)(s).

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