1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an operator of the Dvalescent Hospital, which is a medical care institution located in Chungcheongnam-gun C, and the Defendant is a person who has served as a pharmacist in Dvalescent Hospital from January 2, 2013 to January 7, 2014, and from February 26, 2014 to December 11, 2014.

B. According to Article 41(2) of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016); Article 8(2) of the former Regulations on the Standards for Medical Care Benefits in National Health Insurance (amended by Ordinance of the Ministry of Health and Welfare, Aug. 4, 2016); and Article 8(2) of the former Regulations on the Standards for Medical Care Benefits in the National Health Insurance (amended by Ordinance of the Ministry of Health and Welfare, the list of health insurance benefits and the relative value points of benefits in Part 3, “the list of benefits and the relative value points in the long-term care hospital” in Part 4(g) of the “Guidelines for the Promotion of Benefits in the Long-Term Care Hospital Act” in Part 3, “the separate compensation system for securing necessary human resources” means that where the number of patients is less than 200 and a pharmacist has worked in the immediately preceding quarter at least 16 hours per week, separate health care benefits pursuant to the standards for health care benefits. Article 8(2) of the former Enforcement Rule shall apply mutatis mutandis to medical benefits.

C. The Defendant worked as a pharmacist at the Dvalescent Hospital, and the Plaintiff served at least once a week from February 4, 2014 to January 4, 2015, claiming a separate compensation from the National Health Insurance Corporation for securing human resources in a convalescent hospital on the ground that the Defendant worked at least twice a week (at least 16 hours a week) and received medical care costs from the budget group, respectively.

The Minister of Health and Welfare around October 2016, even if the plaintiff is not subject to the separate amount of compensation for securing necessary human resources, the reason that the plaintiff claimed medical care benefit costs and medical care costs and received them unfairly.