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(영문) 창원지방법원 2015.09.01 2015구합20051

업무정지처분취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation that operates B medical care center for the aged (hereinafter “instant medical care center”) under the Welfare of Older Persons Act and C the Welfare Center for the Aged (hereinafter “instant center”) under the Welfare of Older Persons Act at the D Gyeongnam Development Group D.

The Medical Care Center of this case

1. Amount of unfair claims: 95,600,500 won (the average monthly amount: 3,414,303 won, the unfair ratio: 6.8%);

2. A claim for details of violations of the guidelines for placement of human resources: 85,049,907 - In accordance with the guidelines for placement of human resources for workers under Article 23 of the Enforcement Rule of the Long-Term Care Insurance Act; Then, in the case of caregiver E, F, G and H, without performing the duties of caregiver; Then, in the case of caregiver I, he/she is deemed to have worked as caregiver although he/she did not perform the duties of caregiver; Then, May, 2012; 6 months; 7 months; 8 months; 9 months; 2013; 3 months; 4 months; 6 months; 7 months; 7 months; 8 months; 8 months; 11; 12 months; 12 months; 201; 3 months; 10 years; 40 months; 5 months; 200; 4. 5 months; 100 additional guidelines for placement of human resources pursuant to the Enforcement Rule of the Long-Term Care Insurance Act;

1. Amount of unfair claims: 12,917,810 won (an average monthly amount: 2,152,968 won, unfair rate: 3.84%);

2. Details of the offence.