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1. The Defendant’s imposition of a penalty surcharge of KRW 250,661,010 against the Plaintiff on May 28, 2018 shall be revoked.
2...
Reasons
Details of the disposition
The plaintiff is a doctor to establish and operate the "C Hospital" in Gwanak-gu in Seoul Special Metropolitan City(hereinafter referred to as the "C Hospital").
Around February 2016, the Defendant conducted on-site investigations as to whether the instant hospital’s investigation period was 35 months from January 2013 to November 2015, by setting the period of investigation as a total of 35 months.
(2) On May 28, 2018, the Defendant imposed a penalty surcharge of KRW 250,661,010 on the Plaintiff based on the Plaintiff’s “Article 99(1) of the former National Health Insurance Act (amended by Act No. 13985, Feb. 3, 2016; hereinafter the same)” as follows.
(hereinafter referred to as “instant disposition.” Total amount: 83,53,670 won: 42,357,277 won: - Medical institutions that intend to install and operate special medical equipment pursuant to subparagraph 8 (d) of attached Table 1 of the Regulations on the Standards for Medical Care Benefits in National Health Insurance - [Attachment Table 1], Article 38 of the Medical Service Act and Articles 2 and 5 of the Regulations on the Installation and Operation of Special Medical Equipment shall be registered with the head of a Si/Gun/Gu and undergo regular quality control inspections, and the special medical equipment that was judged inappropriate as a result of the inspection or inspection cannot be used from April 21, 201 to July 16, 2013, without conducting quality control inspections of special medical equipment: Violation of the standards for calculating the amount of admission fee differential for medical care benefit: 23,00,000,449 won - The amount of the penalty surcharge in this case and the amount of the penalty surcharge in this case are calculated as follows.
The fact that there is no dispute over the total amount of costs of health care benefit for the investigation period (from January to November 2015, 35), the total amount of costs of health care benefit for the investigation period (of November 2013, to November 2015, 10), the average amount of the unfair monthly amount (10,387,014,940 won 83,553,670 won, 2,387,247 won, 0.80% 250,661,010 won (based on recognition) for the period of suspension of business of the administrative disposition.