장기요양급여비용 환수결정 처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that the content added is also included in the duties of caregivers, in light of the following: (a) the scope of duties, such as cooks and sanitarians, and the scope of duties of caregivers, and (b) the duties of “common standard teaching materials, such as support for physical activities or household activities,” published by the Ministry of Health and Welfare; and (c) Article 51(2) of the “Public Notice on the Standards for the Provision of Long-Term Care Benefits and the Methods for Calculating Expenses for Care Benefits, etc.” (Public Notice No. 2016-242, Dec. 22, 2016) of the “Public Notice on the Standards for the Provision of Long-Term Care Benefits and the Methods for Calculating Expenses (Public Notice No. 2016-242, Dec. 22, 201
① However, according to the delegation under Article 35(3) of the Welfare of Older Persons Act, the former Enforcement Rule of the Welfare of Older Persons Act stipulating the qualification requirements for caregivers (such as caregivers, nurses, dietitians, cooks, and sanitarians), standards for the placement of employees, etc. shall be prescribed as “person holding the first class license for caregivers under the Welfare of Older Persons Act” under Article 22(1) [Attachment 4] 5 of the Enforcement Rule of the Welfare of Older Persons Act. Article 22(1)6 of the former Enforcement Rule of the Welfare Act provides that the criteria for the placement of necessary employees for each facility shall be prescribed as “person holding the first class license for caregivers under the Welfare of Older Persons Act”; Article 22(1)6 of the former Enforcement Rule of the Welfare of Older Persons Act provides for one caregivers, nursing officer, clerk, sanitation officer, and manager for caregivers, while the head of the