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(영문) 광주지방법원 2018.08.16 2017구합10616

장기요양급여비용 환수처분취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 1, 2014, the Plaintiff operates “C”, which is a sanatorium for older persons in the Southern-gu Seoul metropolitan area B.

B. The Defendant conducted a field investigation on long-term care benefits from October 11, 2016 to August 14, 2016, along with public officials belonging to the Nam-gu Incheon Metropolitan City Office and public officials belonging to the Anti-Corruption and Civil Rights Commission.

C. On November 28, 2016, pursuant to Article 43 of the Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same), the Defendant notified the Plaintiff that the expenses for long-term care benefits paid in excess of KRW 439,936,090 should be recovered (hereinafter “instant disposition”).

Although it was reported that it had worked as a caregiver from May 5, 2014 to October 26, 2014, and from May 9, 2016 to August 31, 2016, it was reported that it had worked as a caregiver; however, it was reported that it had worked for at least 160 hours from April 1, 2014 to April 30, 2015, while it was reported that it had worked as a caregiver for at least 160 hours from April 1, 201 to 16: 30 hours from April 1, 2015; 1.5 hours from April 1, 201 to 20 hours from April 30, 2014 to 15 hours from April 1, 2014 to August 31, 2016 to 20 hours from August 31, 2014 to 16.