부당이득금징수처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is operating a “B”, which is a long-term care institution that provides home care for home care and visiting bathing (hereinafter “instant sanatoriums”).
B. The Defendant, jointly with the head of Songpa-gu Seoul Metropolitan Government, conducted an on-site investigation on the details of benefits from March 9, 2015 to January 12, 2015 of the instant sanatorium from March 2014 to January 2, 2015 (hereinafter “instant on-site investigation”), confirmed that the Plaintiff received expenses for benefits by increasing the number of days for which benefits were provided during the said investigation period, the fact that the Plaintiff received expenses for benefits without calculating the number of days for which benefits were provided, the fact that he did not meet the guidelines for additional placement of human resources, and that the Defendant received expenses by adding the expenses for benefits even if he did not meet the guidelines for additional placement of human resources.
C. On May 21, 2015, the Defendant issued a disposition to recover expenses for long-term care benefits (hereinafter “instant disposition”) to the Plaintiff on the following grounds: (a) on May 21, 2015.
[Ground for recognition] Unsatisfy, Gap evidence No. 5 (including a branch number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. From March 3, 2014 to June 30, 2014, the Plaintiff’s claim that D’s caregiver provided C with visiting care for 80 hours a day every 4 hours from March 3, 2014 to June 30, 2014, the part of the instant disposition on the ground that D did not provide C with visiting care is unlawful.
B. The facts of recognition [as of March 11, 2015] C Beneficiary claimed expenses for benefits that D caregiver provided services from March 2014 to June, 2014, but it was not confirmed on the portion where D caregiver actually provided services.
C Senior citizens do not want to enter the house, and it is difficult to enter the house, and thus, it is recognized that the Security Department is aware that the abolition is mainly.
In addition, a mixed person is solving the problem in a cafeteria in the neighboring route.
[2.3. 12. 2015] D is a caregiver.