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(영문) 서울행정법원 2018.08.16 2018구합52266

장기요양급여비용 환수처분취소청구

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff operates the C Center, which is a long-term care institution that provides home care benefits in Dong-gu, Nam-gu, Dong-gu (hereinafter “instant Center”), and D is the representative director of the Plaintiff and the representative of the instant Center.

B. From August 7, 2017, the Defendants conducted a field investigation into the instant center for four days from August 7, 2017.

(Period subject to Investigation: Between January 1, 2016 and March 31, 2017; hereinafter “instant on-site investigation”).

Based on the results of the instant on-site investigation, the following grounds are as follows: “The Plaintiff, from August 1, 2016 to the date of the instant on-site investigation, had the beneficiary E of the instant center be able to reside free of charge in D housing owned by the representative of the instant center from August 1, 2016 to June 18, 2017, and provided protection services for at least 24 hours in addition to the hours of providing weekly night protection services, and accordingly, violated the criteria for weekly night protection benefits and additional standards for mobile services (hereinafter “instant disposition grounds”; the Defendant National Health Insurance Corporation revoked the Plaintiff on October 24, 2017 under Article 43(1)3 of the Act on Long-Term Care Insurance for the Aged (hereinafter “the Act”); and the head of the Si/Gun/Gu suspended its business pursuant to Article 43(1)3 of the Act on June 1, 2017.

(hereinafter referred to as "each disposition of this case"). 【No dispute exists, Gap evidence Nos. 1 through 3 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. The gist of the Plaintiff’s assertion 1) was that the E and F (hereinafter “the instant recipients”) who were the recipients of weekly protection of the instant center resided in the D-owned housing. However, the said housing was a separate building separate from the instant center, and the said recipients were leased from D and resided by the said recipients.