노인장기요양기관업무정지처분취소
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 operated C, a long-term care institution under the Act on Long-Term Care Insurance for the Aged in the Gyeonggi-si, and the instant medical care institution was designated as a long-term care institution from the Defendant on June 20, 2008 pursuant to Article 31 of the Act on Long-Term Care Insurance for the Aged.
B. From January 26, 2015 to November 29, 2014, the Defendant and the National Health Insurance Corporation conducted a field investigation on the details of long-term care benefits for 34 months from February 2012 to November 2014 of the instant medical care institution. A long-term care institution violates Article 31(2) of the Long-Term Care Insurance Act, Article 23(2)2 of the Enforcement Rule of the same Act, Article 35(3) of the Welfare of the Aged Act, and Article 22(1) [Attachment Table 4] subparagraph 6 of the Enforcement Rule of the same Act, but it was solely in charge of cooking, D, E, and F. A caregiver was in charge of cooking. Although G did not perform the duties of care workers for 4 hours a day while operating the program, and did not perform the duties of care workers for 4 hours a day, thereby confirming the violation of guidelines for placement of expenses for long-term care benefits by failing to reduce the expenses for benefits.
C. On April 29, 2015, the Defendant issued to the Plaintiff a disposition of 39 days of business suspension for the instant medical care institution (hereinafter “instant disposition”) pursuant to Article 37(1)4 and (6) of the Act on Long-Term Care Insurance for the Aged and Article 29 [Attachment 2] of the Enforcement Rule of the same Act.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 through 9 (including branch numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1 is that part of the caregivers registered in the medical care institution of this case are exclusively responsible for cooking.