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(영문) 서울행정법원 2017.04.20 2016구합64357
업무정지등처분취소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. From June 20, 201, the Plaintiff established and operated the Geumcheon-gu Seoul Metropolitan Government Convalescent Hospital (hereinafter “instant hospital”) on the B and the third floor and the fourth floor of Geumcheon-gu.

B. On July 16, 2012, the Health Insurance Review and Assessment Service conducted on-site verification of the costs of health care benefit for the period from June 20, 201 to June 30, 2012 with respect to the instant hospital, and requested the Ministry of Health and Welfare to conduct on-site investigations of the instant hospital.

C. On February 12, 2014, the Defendant (hereinafter “instant on-site investigation”) conducted an on-site investigation with respect to the instant hospital by setting the period of investigation from October 201 to September 2012, 201, and from October 2013 to December 2013, 2013.

After conducting the above on-site investigation, the Defendant: (a) on March 17, 2016, the Minister of Health and Welfare: (b) reported to the Defendant Health Insurance Corporation that the Plaintiff was exclusively in charge of providing nursing services for inpatientss from June 20, 2011 to June 30, 2012 (hereinafter “instant period”); and (c) on the ground that the Plaintiff was unfairly paid KRW 9,447,500 upon filing a claim for medical care benefit costs with the Defendant Health Insurance Corporation, and subsequently, (d) rendered a disposition of suspending the business of the medical care institution (hereinafter “instant medical care institution”); and (b) on March 23, 2016, the Plaintiff rendered a disposition of suspending the business of the medical care institution for 73 days on the ground that the Plaintiff was unfairly paid KRW 24,976,450 on the ground that the Plaintiff filed a claim for medical care costs at the time of entertainment and received the amount unfairly (hereinafter “instant medical care institution”).

(hereinafter “each of the instant dispositions”. On May 12, 2016, the Defendant National Health Insurance Corporation received the payment of KRW 99,447,500 from the Defendant Health Insurance Corporation by unfairly claiming and paying the costs of health care benefit to the Defendant Health Insurance Corporation.

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