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(영문) 창원지방법원 2018.04.03 2017구합297

장기요양급여비용환수결정취소

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. On or around April 21, 2014, the Plaintiff established and operated the “C”, a re-long-term care institution, which provides visiting care and bathing for visit, in the G, G, and the Plaintiff, around January 6, 2016, transferred the said “C” to the first floor of the building located in D, G, Gyeongnam Development-gun (hereinafter “instant building”); the name of the institution was changed to E (hereinafter “E”); and the type of benefits was added to provide weekly and night protection benefits.

B. As a result of an on-site investigation conducted by the Plaintiff on a long-term care institution from August 16, 2016 to August 19, 2016 (the period subject to the investigation: from January 2015 to June 2016), the Defendant and the head of the Gyeongnam Development Gun discovered the following matters: (a) “Violation of the principle of benefit for visiting visit and visiting home”; (b) “Violation of the additional standard for visiting home care and visiting home; (c)” “Violation of the additional standard for visiting home care and visiting home care; and (d) request for increasing the number of days and frequency of visiting home care services; (d) “Violation of the standard for weekly and night care protection”; (e) violation of the standards for assigning human resources subject to at night care; and (e) violation of the standard

1) Unless there exist special circumstances, long-term care workers violating the principle of benefits for visiting visit care and visiting bathing. A long-term care worker, who visited the beneficiary’s home and provided care for visiting the beneficiary’s home to provide care and bathing service for visiting the beneficiary for at least 24 hours from August 2015 to March 2016, the Plaintiff provided the beneficiary’s home, G, H, I, I, and J with care for at least 24 hours in the instant center, and provided the beneficiary’s home care and bathing service for visiting the beneficiary’s home. (ii) A caregiver in violation of the principle of additional care for visiting care for visiting the beneficiary’s home to provide the beneficiary with recognition activity program to prevent aggravation of recognition function and to maintain remaining ability. The Plaintiff is aware of visiting the beneficiary’s home from August 2015 to February 2016 by providing the beneficiary’s G, I, and J with care for at least 24 hours by allowing the beneficiary to board at the instant center.