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(영문) 서울행정법원 2015.01.15 2014구합8391
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From April 10, 2008, the Plaintiff established and operated Canche department (hereinafter referred to as “instant hospital”) which is a medical care institution under the National Health Insurance Act under the Medical Care Assistance Act (hereinafter referred to as the “medical care institution”).

On August 22, 2013, the Defendant conducted on-site investigations (from January 1, 2012 to December 31, 2012) the actual transaction of materials for medical treatment for the Plaintiff.

(2) On March 1, 2014, the Defendant issued a disposition to suspend the business of a medical care institution for 60 days (from May 26, 2014 to July 24, 2014) pursuant to Article 98(1)1 of the National Health Insurance Act, on the ground that “the Plaintiff unduly claimed medical care costs of KRW 26,226,240 against the insurer, the insured, and their dependents in violation of the National Health Insurance Act, the Enforcement Decree, the Enforcement Rule, the Regulations on the Standards for Medical Care Benefits under the National Health Insurance”, and other provisions on the calculation of medical care costs.” On April 16, 2014, the Defendant issued a disposition to suspend the business of a medical care institution for 60 days (from May 26, 2014 to July 24, 2014) pursuant to Article 28(1)1 of the Medical Care Assistance Act, on the ground that “the Plaintiff unfairly claimed medical care costs of KRW 5,491,430” in violation of the Medical Care Assistance Act.

(2) In light of the above, the following facts: (a) the period of investigation into violation of the actual transaction of materials for medical treatment (hereinafter referred to as "violation of this case") (hereinafter referred to as the "violation of this case") shall be the aggregate of the costs of medical care benefits for the examination and determination (for the period from January to December 12, 2012) of the aggregate of the costs of medical care benefits (for the period from January 2012 to December 2012, 592, 310, 220 won, 26, 226, 240 won, 240 won, 279, 3005, 300 won, 276,300 won, 300 won, 26, 240 won, 240 won, 520%, 520%, 60 days, etc. of the average monthly amount of unfair amount.

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