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(영문) 서울행정법원 2019.03.28 2018구합75153
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. The Plaintiff is a medical corporation that operates the “C Hospital” (hereinafter “instant hospital”) in Gangdong-gu Seoul Metropolitan Government.

The fifth and sixth floors of the building where the instant hospital is located are the hospitalization room of the instant hospital. The fourth floor of the building where the instant hospital is located is the hospitalization room of the “D Council Members”, which is a separate medical institution operated by the Plaintiff.

B. On October 2016, the Defendant conducted a field investigation (the period subject to investigation: from July 2014 to August 2016; hereinafter “instant field investigation”) as to whether the instant hospital claims reimbursement of expenses for benefits.

C. As a result of the instant on-site investigation, the Defendant imposed a penalty surcharge of KRW 350,233,500 on the Plaintiff on the following grounds based on “Article 99(1) of the National Health Insurance Act” and on June 4, 2018.

(hereinafter referred to as “instant disposition”). Claim for violation of the calculation standard of hospitalization rate: Unfair amount of KRW 70,046,700: 70,000, the list of health insurance benefits and non-benefits and the point of relative value of benefits of Part 1, Part 2, the list of benefit, relative value points, and the basic medical fees [calculated Guidelines] 2.ma.

According to the differential system of nursing management fees for inpatients based on the level of nursing personnel, it shall be calculated according to the average number of nurses (number of nurses) of the immediately preceding quarter of the year engaged in nursing services in the sick ward in comparison with the average number of beds of the immediately preceding quarter immediately preceding the consent of the general sick person, but it shall be reported differently from the fact of actual service of the nursing personnel not exclusively in charge of nursing for inpatients as shown in attached Table

D. Specific penalty surcharge calculation details for the instant disposition are as follows.

The fact that there is no dispute over KRW 1,50, 725, 060, 700, 2,694, 103, 4.51% of KRW 60,233,50, and 4.51% of the 60350, 503, and 500 in the period of investigation, the total amount of costs of health care benefit (from July 2014 to August 26, 2016) of the total amount of the unfair amount per month, which is the average amount of the unfair amount per month, and the amount of penalty surcharge 1,50,725,06, 700.

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