1. The Defendant’s disposition of recovering medical care benefit costs of KRW 58,704,490, which was rendered to the Plaintiff on May 20, 2014, shall be revoked.

2...

1. Details of the disposition;

A. On July 8, 2011, “C”, which is a medical institution established in Geum-gu Busan, was registered with the head of the Geum-gu Busan Metropolitan City Geum-gu, as a special medical equipment, and applied D of a medical specialist in the film as an operator of the special medical equipment in the vision.

On July 31, 2012, the Plaintiff accepted C.

B. On May 20, 2014, the Defendant rendered a disposition to the Plaintiff on the following grounds: (a) under Article 38 of the Medical Service Act and Article 3 of the Regulations on the Establishment and Operation of Special Medical Equipment (hereinafter “Operational Rules”), “C” and “Rules on the Establishment and Operation of Special Medical Equipment” (hereinafter “Operational Guidelines”), at least one medical specialist must be placed; and (b) “non-speed” refer to at least one medical specialist at a medical institution at least once a week at a video department. However, (c) even if D does not work at any time; and (d) was given a film, etc. at another medical institution or place, it was paid medical care benefit costs on the ground that it constitutes a fraudulent or other unfair method under Article 57(1) of the National Health Insurance Act. This disposition was taken on August 1, 2012 through December 12, 2013, including CT-related medical care benefit costs and reimbursement of KRW 755,587,407 (hereinafter “instant”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion (1) operational rules, a medical specialist and a radiation specialist must be employed by the operating personnel of CT, and the medical specialist of CT only provides that “at least one person shall be placed in the speed or in secret,” and there is no definition as to the meaning of exclusive and non-exclusive.

In addition, the operating guidelines are merely administrative rules established without delegation of relevant provisions such as the Medical Service Act, and they do not have external binding power.