I have a question about a hospital business suspension for an attorney specializing in medical matters.

As in your case, if a hospital bills false medical fees and thereby receives insurance benefits, it is a matter that can lead not only to an administrative disposition of hospital business suspension on grounds such as a violation of the Medical Service Act, but also to criminal punishment.

It may be regarded as the crime of fraud, and if it is recognized, it is also a matter in which, in addition to imprisonment for up to 10 years or a fine of up to 20 million won, the cancellation of the license to establish a medical institution may be imposed if a sentence of imprisonment without labor or heavier is pronounced.

If you have been notified that a violation has been detected and a disposition is planned, you can submit an opinion or undergo a hearing procedure within 10 to 30 days, and the period of business suspension and whether a disposition is imposed are finalized taking the results of your explanation into account.

If, nevertheless, the disposition is not changed and you consider the suspension disposition unfair, you can request its revocation through an objection or an administrative appeal.

You must file an administrative lawsuit within 60 days from the date on which you are served with the written ruling on the administrative appeal.

In addition, you can also pursue administrative litigation with the assistance of an attorney handling administrative litigation and medical matters.

Furthermore, through the procedure of applying for a provisional injunction against the hospital business suspension disposition, you can minimize immediate harm.

A hospital business suspension disposition is an important matter that can in itself inflict serious economic damage on a medical institution, so if you receive a hospital business suspension disposition, you should promptly examine the specific grounds for the disposition and the applicable defense methods, and quickly ascertain whether you can make use of a procedure for objection or a system to substitute a penalty surcharge for the disposition.

The attorneys specializing in medical matters in our firm's medical and pharmaceutical group, on the basis of their understanding of the Medical Service Act, assist clients by providing legal support with respect to hospital business suspension dispositions.