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(영문) 서울행정법원 2019.02.21 2018구합61826

장기요양급여비용환수처분취소

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. The Plaintiff is operating the D Medical Care Center, a long-term care institution under the Act on Long-Term Care Insurance for the Aged (hereinafter “instant medical care institution”).

B. Around June 2017, the mayor and the Defendant conducted an on-site investigation with respect to the instant medical care institution by setting the period of investigation from February 2, 2016 to April 2017.

(hereinafter “instant on-site investigation”). C.

On September 6, 2017, the Defendant issued a disposition to recover KRW 40,788,360,00 on September 6, 2017, based on Article 43 of the Act on Long-Term Care Insurance for the Aged (hereinafter “the Act”), on the ground that the Plaintiff unduly claimed and received the expenses for long-term care benefits in violation of the criteria for placement of human resources and additional placement of human resources as follows (hereinafter “instant disposition”).

(2) Although the Plaintiff’s working hours fall short of the standard monthly working hours from February 2016 to October 2016, the Plaintiff’s claim that the Plaintiff satisfied the standard monthly working hours; (3) even if the Plaintiff’s working hours of a social worker fall short of the standard monthly working hours from July 2016 to October 2016, the Plaintiff is deemed to have worked even when the Nonparty was not working until November 2016 to January 2017; and (4) from April 2016 to July 2016, the Plaintiff is deemed to have satisfied the standard monthly working hours; and (4) even if the F’s working hours of a social worker do not fall short of the standard monthly working hours, the Plaintiff did not request additional working hours from October 2016 to April 2017; and (5) even if the Plaintiff did not request additional working hours from October 1, 2016 to April 30, 2016 to July 208.