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(영문) 서울행정법원 2017.01.12 2016구합66506

장기요양급여비용 환수 결정처분 취소청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The details and details of the disposition are as follows: (a) from March 6, 2013 to March 31, 2015, the Plaintiffs jointly operated the “Cmedical care center” (hereinafter “instant medical care center”); and (b) from April 2015 to April 31, 2015, Plaintiff B independently operated the instant medical care center.

From October 26, 2015 to November 2, 2015, the Macheon City: (a) conducted a field investigation on the details of long-term care benefits of the instant medical care center from March 6, 2013 to September 2, 2015; and (b) determined as shown in attached Table 1.

On December 15, 2015, pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same), the Defendant notified the Plaintiffs of the purport that “The Defendant shall recover KRW 219,93,790, the aggregate of the expenses for long-term care benefits paid excessively due to the Plaintiff’s unfair claim by the Plaintiff A, and KRW 20,386,70, respectively, of the expenses for long-term care benefits paid excessively due to the Plaintiff’s unfair claim by the Plaintiff B.”

(hereinafter referred to as “instant disposition”). [This case’s disposition” is amended by the Ministry of Health and Welfare Notice No. 2012-162, Dec. 18, 2012; the Ministry of Health and Welfare Notice No. 2013-160, Oct. 16, 2013; and the Ministry of Health and Welfare Notice No. 2013-160, Oct. 16, 2013;

The Ministry of Health and Welfare published on June 26, 2014 pursuant to Article 201-97 of the Ministry of Health and Welfare’s announcement on the standards for provision of long-term care benefits and methods for calculating expenses for benefits;

(B) The details of the criteria for calculating expenses for long-term care benefits, etc. (hereinafter collectively referred to as the “instant notice”), were amended by the National Health Insurance Corporation Notice No. 201-254 on December 20, 201, as amended by the National Health Insurance Corporation Notice No. 2013-93 on April 12, 2013, the amendment by the National Health Insurance Corporation Notice No. 2013-244 on October 31, 2013, the amendment by the National Health Insurance Corporation Notice No. 2013-271 on December 17, 2013, and the amendment by the National Health Insurance Corporation Notice No. 201

(b) Standards for providing long-term care benefits;