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(영문) 서울행정법원 2021.01.08 2020구합62372
요양기관업무정지처분 취소청구 등
Text

Of the instant lawsuit, the part concerning the claim for revocation of the business suspension of self-employed medical care institutions on January 16, 2020 shall be dismissed.

The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. In Seongdong-gu Seoul Metropolitan Government, the Plaintiff established and operated a “C non-humane Medical Care Benefit under the National Health Insurance Act” as a medical care benefit institution under the Medical Care Benefit Act (hereinafter “C non-humane”).

B. From September 21, 2016 to September 24, 2016, the Defendant conducted an on-site investigation with respect to the instant member by setting the period subject to investigation as “36 months from August 2013 to July 2016”.

Based on the results of the above on-site investigation, the Defendant rendered on May 9, 2018 the Plaintiff a disposition of 164 days for the business suspension of the medical care institution (hereinafter referred to as “prior on-site investigation”) (hereinafter referred to as “prior on-site investigation”) and rendered on May 9, 2018 the disposition of business suspension of the self-medical care institution (hereinafter referred to as “prior on-site investigation”).

On January 17, 2019, the Defendant intended to conduct an on-site investigation with respect to the instant member (hereinafter “on-site investigation”) on the ground that the Plaintiff refused, obstructed, or evaded the investigation, and accordingly, the Defendant was subject to the suspension of business of the medical care institution for one year (from July 6, 2020 to July 5, 201), under subparagraph 1(b) of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 30143, Oct. 22, 2019); the suspension of business from the medical care institution for one year (from July 6, 2020 to the date of July 5, 2020); the Plaintiff was subject to the suspension of business under Article 28(1)3 of the Medical Benefits Act; and Article 70 of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 20154, Feb. 25, 2020; Presidential Decree No. 20167, Jun. 27, 2007

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2, Eul evidence No. 6, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the part concerning the claim for revocation of the business suspension of medical care institutions in the instant lawsuit is legitimate

A. On January 16, 2020, the Defendant’s main defense to suspend the business of a self-employed medical care institution on January 16, 2020, its disposition was sent on January 20, 2020.

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