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(영문) 서울행정법원 2018.04.05 2017구합55640
영업정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a medical corporation that opens and operates the “C Hospital” (hereinafter “instant hospital”) in Kim Jong-si.

B. From October 20, 2014 to October 23, 2014, the Defendant conducted an on-site investigation on matters concerning the medical care benefits and medical benefits of the instant hospital (hereinafter “instant on-site investigation”) by setting the period for investigation as “from July 20, 2013 to August 23, 2014” and having determined such period as “from October 20, 2014.”

C. On December 20, 2016, the Defendant reported to the Plaintiff on December 20, 2016 as the nurse of the instant hospital (hereinafter “the instant period”) who was assigned to the Health Insurance Review and Assessment Service to take charge of administrative affairs, such as employment of nursing staff and management of probation, etc. from April 15, 2013 to February 28, 2014 (hereinafter “the instant period”), and reported the instant period to the nurse who is in exclusive charge of providing patient care (hereinafter “exclusive nurse of mental health department”), thereby filing a report with the Health Insurance Review and Assessment Service as the nurse who was assigned to the mental health department and outpatient, and who was in exclusive charge of providing patient care, during the first quarter from March 4, 2013 to 1/4th quarter of 2014 (hereinafter “the instant period”), the Defendant received the institution class under the “Standards for Application for Classification of Medical Care Assistance System” from G3 to 20, based on which the institution was unfairly grounded in the first quarter of 2013/4/14.

2. Whether the instant disposition is lawful

A. The details of the relevant statutes are as shown in the attached statutes.

B. On April 15, 2013, the gist of the Plaintiff’s assertion as to the recognition of the grounds for disposition D is as follows: (a) a director of the mental health department, external nurse, and nursing department of the instant hospital is appointed on April 15, 201; and (b) a psychiatrist is appointed as the head of the nursing department on January 8, 2014.

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