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(영문) 창원지방법원 2014.08.14 2014구합678

장기요양기관 지정취소처분 취소청구

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1. The revocation of the designation of a long-term care institution granted to the Plaintiff on March 5, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 9, 2011, the Plaintiff was designated as a long-term care institution by the Defendant and operated a long-term care institution for senior citizens (hereinafter “instant medical care institution”) under the name of “C” in Jinju-si B.

In violation of the standards for placement of human resources - A caregiver registered as a caregiver but did not perform its unique duties, and instead performed the duties of a cook. - A caregiver, E and F have worked for the absence of actual working hours, G and H have reported the period of work by extending the period of actual working. - Although there were grounds for adjustment of the cost of allowance following the violation of the standards for placement of human resources, they should calculate and claim expenses for providing benefits without reduction. Violation of liability insurance policy - Violation of liability insurance policy - Violation of the standards for the fixed number of persons admitted to liability insurance due to increase of the fixed number of admission - without changing and joining the liability insurance for 64 days until May 22, 2013 but without reducing the cost of allowance. Violation of additional placement of human resources - I has actually performed the duties of a caregiver, but has made false registration as an assistant nurse. - A nurseJ shall register the expenses by increasing the number of hours more than the actual working hours in accordance with the standards for addition and reduction.

As a result, the Defendant conducted a field investigation on the Plaintiff’s long-term care institution jointly with the National Health Insurance Corporation from January 6, 2014 to January 9, 2014, and discovered the following matters: (a) violation of the criteria for placement of human resources; (b) violation of the liability insurance policy; and (c) violation of the criteria for additional placement

C. On February 3, 2014, the Defendant notified the Plaintiff of the prior notice of disposition to conduct a hearing. On February 19, 2014, the Plaintiff submitted only a written opinion to the effect that the Plaintiff is dissatisfied with the procedure for the hearing scheduled to be held and that the Plaintiff is dissatisfied with the grounds for prior notice.

The defendant on March 6, 2014.