logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.01.24 2018누56314
업무정지처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the modification as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] Under the fourth page of the judgment of the first instance court, the part being corrected is as follows: “The former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 24776, Sep. 26, 2013)” in the first instance trial is as follows: “The former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 29002, Jun. 26, 2018; hereinafter “former Enforcement Decree of the National Health Insurance Act”).”

Part 6, Part 2, and Part 3 of the first instance judgment (amended by Presidential Decree No. 24776, Sept. 26, 2013) shall be deleted.

Under paragraph 6 of the judgment of the first instance court, the "No. 2 and No. 4" of the 8th sentence shall be raised as "No. 2, 4, and 7".

In the first instance court judgment, the first instance court's judgment Nos. 8, 4, and the last sentence are as shown in the draft box below.

(2) In addition to the recent three months (from January 3, 2016 to April 7, 2013) based on the date of the on-site investigation conducted by the Health Insurance Review and Assessment Service, the Defendant conducted the instant on-site investigation by setting the investigation period as seven months. As a result of the instant on-site investigation, the Defendant calculated the monthly average amount of the instant Council members by 5,728,487 won, and the unfair rate by 22.59%, on this premise, deemed the suspension period under Article 98 of the National Health Insurance Act, Article 70 [Attachment Table 5] subparagraph 1(a) of the former Enforcement Decree of the National Health Insurance Act as 124 days.

Furthermore, in accordance with the recommendation of the administrative disposition review committee for the administrative disposition of this case, the defendant reduced the unfair amount related to the offset of this case to 1/2, and ordered 84 days of business suspension.

However, according to the “Guidelines for On-Site Investigations of Medical Care Institutions” (hereinafter “instant Guidelines”), which is an administrative rule prepared by the Defendant, the members of this case.

arrow