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(영문) 서울행정법원 2014.01.21 2013구합5623
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 is a doctor to establish and operate a medical institution with a trade name “A” (hereinafter “instant hospital”) in Dobong-gu Seoul Metropolitan Government.

B. From December 19, 201 to October 21 of the same month, the Defendant conducted an on-site investigation of the instant hospital by setting the period subject to the investigation for three days from December 2009 to February 201 and from August 2011 to October 21 of the same year as total of six months.

(hereinafter referred to as “instant on-site investigation.” As a result, the Plaintiff determined that the instant hospital’s medical care benefit costs were unfairly claimed for KRW 1,239,570 in total by stating the injury and disease, such as the “fresh and shoulder part,” which is subject to benefits, even though the Plaintiff provided non-benefit vaccination to the patients and received the relevant expenses.

C. According to the results of the instant on-site investigation on November 29, 2012, the Defendant: (a) Articles 66(1)7 and 68 of the former Medical Service Act (Amended by Act No. 11252, Feb. 1, 2012; hereinafter the same) and Article 4 [Attachment] of the former Rules on Administrative Dispositions Related to Medical Services (Amended by Ordinance of the Ministry of Health and Welfare No. 113, Mar. 19, 2012; hereinafter the same shall apply)

2. Paragraph A-38 of the individual criteria set forth in [Attachment] [Attachment] [Attachment] [Attachment]]] (hereinafter referred to as “Attachment] only

applicable subparagraph to the Plaintiff by applying the same year from March 1, 2013

4. A disposition of qualification and politics for two months was taken until January.

(A) Evidence No. 1; hereinafter “instant disposition”). The monthly average amount of the total amount of the medical care benefit costs for the period subject to the investigation of the calculation details of the instant disposition is 16,490,380 won 1,239,570 won for a period of suspension of qualification for license, and 206,596% of KRW 1.06% of the total amount of the monthly average amount of the false claim amount of the total amount of the medical care benefit costs for the period subject to the investigation of the calculation details of the instant disposition (hereinafter “instant disposition”). The

2. Whether the instant disposition is lawful

A. The non-existence of the Plaintiff’s ground for disposition 1 is the Plaintiff’s act of providing non-benefit vaccination to the resistant patient even though the Plaintiff had been vaccinated during the instant field investigation.

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