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(영문) 대구지방법원 2016.10.25 2015구합22068

부당이득금징수처분취소

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. The Plaintiff operates the “Cmedical care center” (hereinafter “instant medical care center”), which is a sanatorium for older persons, in the case of permanent residence B. On October 4, 2013, the instant medical care institution was designated as a long-term care institution pursuant to Article 31 of the Long-Term Care Insurance Act and Article 23(3) of the Enforcement Rule of the same Act from the market of permanent residence.

- Violation of the standards for placement of human resources (5,681,910 won) - A caregiver D, upon filing a request for an increase in working hours, prepared differently from the fact of attendance at work, etc., even if he/she actually worked on May 28, 2014, and reported that he/she had worked on May 16, 2014. A violation of the standards for placement of human resources (39,429,680 won) by filing a claim for reimbursement of expenses for care benefits despite a vacancy in a worker, without reducing expenses for care, - E caregiver was exclusively in charge of cooking duties from December 2, 2013 to November 2014. On December 2014, 2014, the preparation work was conducted in a kitchen room at least four times a month in shift, and on January 1, 2015, the preparation work was conducted again, by claiming for reduction in expenses for care benefits without reducing expenses for care.

B. After conducting a field investigation on the details of long-term care benefits from December 2, 2013 to January 1, 2015 of the instant medical care institution from March 9, 2015 to March 12, 2015, the Defendant and the permanent resident market confirmed that the Plaintiff claimed expenses for long-term care benefits of KRW 45,11,590 in total without reducing the expenses, even though the Plaintiff violated the criteria for placement of human resources for long-term care institutions as follows:

C. On April 1, 2015, the Defendant notified the Plaintiff of the determination on the redemption of expenses for long-term care benefits (hereinafter “instant disposition”) with the purport of recovering KRW 45,11,590 in total, the difference between the expenses for long-term care benefits claimed by the Plaintiff and the amount lawfully calculated (hereinafter “instant disposition”), and on April 6, 2015, the Defendant notified the Plaintiff of the determination on the redemption of expenses for long-term care benefits (hereinafter “instant disposition”).