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(영문) 서울행정법원 2019.09.19 2018구합90046
의사면허자격정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff established and operated the “Cental clinic” (hereinafter “instant clinic”) in Ulsan-gu B.

B. Around April 2015, the Defendant conducted a field investigation on the instant member’s medical benefits and medical benefits (hereinafter “instant field investigation”) by prescribing that “from March 2012 to May 2013, 2013, and from December 2014 to February 2015,” with respect to the instant member’s “from March 3, 2012 to February 2015.” (C) Based on the results of the instant field investigation, the Defendant, on March 8, 2017, conducted the instant field investigation on the Plaintiff for the following reasons:

The penalty surcharge of KRW 59,583,500 was imposed under Article 99(1).

1. Amount claimed in falsehood: 11,918,780 won;

2. False claim for calculation of the amount of false claims (hereinafter “reason for Disposition 1”) - Medical examination fees, treatment treatment fees, etc. that were claimed as medical care benefit costs after a medical examination and treatment subject to non-benefit as a medical care benefit cost claim (hereinafter “reason for Disposition 2”) - Article 9(1) [Attachment 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 No. 327, Jun. 30, 2015; hereinafter the same shall apply) and Article 9(1) [Attachment 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 No. 327, Jun. 30, 2015; hereinafter the same shall apply) and the list of the items of health insurance benefit and non-benefit benefit benefits and the list of points of relative value No. 1, Part 3 of the Non-Medical Care Benefit Table, and the examination and treatment fees and treatment fees were claimed as part of the claimed 30.

D. On October 11, 2018, the Defendant is identical with the disposition imposing the said penalty surcharge on the Plaintiff.

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