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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 the disposition;
A. The Plaintiff, as a medical corporation, is establishing and operating the CC convalescent Hospital (hereinafter “C convalescent Hospital”) in Sungsi-gu, Sungsi, Changsi-si.
B. On July 20, 2013, the Defendant: (a) conducted an on-site investigation on the instant convalescent (hereinafter “instant on-site investigation”); (b) the nurse D and the assistant nurse E worked in the artificial extension room; and (c) even if the assistant nurse F did not take exclusive charge of providing nursing for inpatients by taking charge of oriental medicine treatment assistance, it was reported to the Minister of Health and Welfare to have taken exclusive charge of providing nursing services; and (d) applied for the level of the security of nursing personnel in the instant convalescent hospital according to the standards for and methods of differential application of the medical care benefits provided by the Ministry of Health and Welfare publicly notified “standards for differential application of hospitalization fees in the convalescent hospital according to the level of securing nursing personnel” (hereinafter “the standards for differential application of hospitalization fees in the convalescent hospital”) based on the details of the standards for and methods of the medical care benefits reported and notified publicly by the Ministry of Health and Welfare (hereinafter “the instant on-site examination in the convalescent hospital”).
C. According to the results of the instant on-site investigation, the Defendants rendered the following dispositions to the Plaintiff (hereinafter collectively referred to as “each of the instant dispositions”).
The Minister of Health and Welfare may impose a penalty surcharge of KRW 191,07,00 on August 24, 2016 under Articles 99(1), 98(1), and 98(1)1 of the former National Health Insurance Act (Amended by Act No. 13985, Feb. 3, 2016); the imposition of KRW 191,07,00 on September 23, 2016 of the former Medical Care Assistance Act (Amended by Act No. 11878, Jun. 12, 2013; hereinafter the same shall apply); the imposition of penalty surcharge of KRW 730,264,50 on August 14, 2016; the imposition of KRW 57(1)1 of the Medical Care Assistance Act; the imposition of KRW 57(1)145,892,560 on Nov. 18, 2016; the imposition of the Medical Care Assistance Act; the imposition of KRW 106537.7