1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Details of the disposition

The Plaintiff is a doctor who establishes and operates the Geumcheon-gu Seoul Metropolitan Government Hospital “C hospital” (hereinafter “instant hospital”).

After conducting an on-site investigation of the instant hospital from April 12, 2010 to December 16, 2010, the Defendant imposed a total of KRW 77,624,170 on the insurer by deceit or other unlawful means for 35 months from February 1, 2007 to December 31, 209, and accordingly, imposed a total of KRW 77,624,170 on the insurer as follows. On April 13, 2011, the Defendant imposed a penalty surcharge on the Plaintiff by applying Articles 85(1)1 and 85-2(1) of the former National Health Insurance Act (amended by Act No. 11141, Dec. 31, 201; hereinafter “former National Health Insurance Act”) and Article 61(1) [Attachment 5, 208(a)] of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 22075, Mar. 15, 2010).

A claim for violation of the standards for recognition of the fact-finding surgery using one man-made tape - The fact-finding surgery using one man-made tape - The fact-finding surgery is recognized in cases where the main fact-finding room or the fact-finding room is verified by the fact-finding test, and the fact-finding pressure is less than 120ccH20,00, and all kinds of medical care costs, such as surgery fees, hospitalization fees, and anesthesia fees, etc., are stored and printed out by the results of the test conducted by another man who is not in conformity with the standards for recognition, and where the result of the test falls short of the standards for recognition, the examination fees, hospitalization fees, anesthesia fees, surgery fees, and examination fees, etc. on the basis of the results of the test (67,870,690,000,000) - In addition, the fact-finding surgery using the self-finding tape - Medical examination fees for the non-permanent prescription (109,09,67,980,00 won).