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(영문) 서울행정법원 2017.06.01 2017구합57097
의사면허자격정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an oriental medical doctor established and operated by the Korea Oriental Medical Center in Guro-gu Seoul Metropolitan Government.

B. When a traffic accident patient D was unable to receive medical treatment on May 28, 2014, which is a scheduled date of medical treatment due to personal circumstances, the Plaintiff entered the medical records of D as if he/she had been provided with medical treatment, such as intrusion and outpatient treatment on May 28, 2014, and entered false medical records of D 89 times in total from that time until March 28, 2015.

(hereinafter “Preparation of the instant false medical examination and treatment”). In addition, even though the Plaintiff did not have provided D more than five times from May 28, 2014 to June 5, 2014, the Plaintiff received KRW 3,422,210,00 in total from a malicious damage insurance company as if he/she had provided D based on the aforementioned false medical examination and treatment on June 20, 2014, and received insurance money by claiming insurance money from a malicious damage insurance company (hereinafter “malicious damage insurance company”) as if he/she had provided D based on the above false medical examination and treatment, and received insurance money from the malicious damage insurance company during the period from March 23, 2015 by the said method as seen above from March 23, 2015.

(hereinafter “instant false claim”). C.

On September 15, 2015, the Seoul Southern District Court issued a summary order of KRW 1 million (hereinafter “instant summary order”) with respect to the preparation of the instant false medical records and false requests by the Plaintiff.

On August 12, 2016, the Defendant notified the Plaintiff of the following administrative dispositions (hereinafter “the first prior notice”).

The administrative disposition of herb doctors, prior notification and guidance on submission of opinions)

2. Where the Guro-gu public health clinic head falsely prepares a medical record book, etc. and falsely claims medical expenses by fraudulent means, the criteria for administrative disposition [attached Table] related to Article 22 (3), 66 (1) 3, 7, and 10 of the former Medical Service Act (Act No. 13658, Dec. 29, 2015), and Article 4 of the Rules on Administrative Dispositions related to Medical Treatment [Attachment Table] (Ordinance of the Ministry of Health and Welfare No. 283, Jan. 5, 2015);

2. Individual standards:

(a)in accordance with 15;

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