beta
(영문) 서울고등법원 2015.01.07 2014누60759

정보공개거부처분취소

Text

1. Revocation of the first instance judgment.

2. The Defendant’s “Defendant” against the Plaintiffs on March 15, 2013 from October 4, 2010 to October 2010.

Reasons

1. Details of the disposition;

A. On June 25, 2008, Plaintiff A opened and operated the instant medical care institution (hereinafter “instant medical care institution”) providing home care, such as visiting care, visiting bath, visiting nursing, and night care in Kimcheon-si, Kimcheon-si (hereinafter “instant medical care institution”). The facility benefits are also provided in the same name from March 4, 2010 to the same place.

Plaintiff

B is the husband of the Plaintiff A, and is helping the operation of the instant medical care institution.

B. From October 4, 2010 to October 6, 2010, the Defendant conducted on-site verification examinations with respect to the instant medical care institution (hereinafter “on-site verification examination”), and again, conducted on-site verification examinations with respect to the instant medical care institution from February 24, 2012 to February 28, 2012 (hereinafter “on-site verification examination”), and requested on March 14, 2012 to conduct on-site inspections with respect to the instant medical care institution by Kimcheon-si Mayor.

From March 20, 2012 to March 24, 2012, Kimcheon-si conducted an on-site investigation into the instant medical care institution.

C. Since then, the Defendant rendered a decision to recover KRW 407,090 on April 20, 2012 pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013; hereinafter “Long-Term Care Insurance Act”) on the ground that the Plaintiff filed a claim against the Plaintiff for reimbursement of KRW 407,090 for expenses for long-term care benefits by fraud or other improper means, and rendered a decision to reduce the amount of KRW 9,372,290 among the claims for expenses for long-term care benefits in March 2013, 2013 on the ground that the Defendant did not assign one physical therapy around March 2013.

(hereinafter referred to as “pro rata Decision”) D. D. on April 2, 2013

Accordingly, Plaintiff A filed a lawsuit seeking revocation of the reduction decision of April 2, 2013 with the Seoul Administrative Court Decision 2013Guhap52940, Apr. 20, 2012, which exceeded 308,820 won among the recovery decisions made on Apr. 20, 2012, and the said court filed a lawsuit seeking revocation of the reduction decision made on Apr. 2, 2013. The instant medical care institution’s cost of long-term care benefits related to visit bathing is assessed.