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(영문) 대전지방법원 2017.05.24 2016구합104783

업무정지처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

The Plaintiff reported to the Defendant as a sanatorium for older persons, and operated the instant medical care center, which is located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do. (hereinafter “instant medical care center”).

From February 9, 2015 to February 12, 2015, the Defendant: (a) conducted an on-site investigation into the instant medical care center by providing the period subject to investigation as “from December 2, 2011 to November 2014; (b) on April 30, 2015, the Defendant received expenses for benefits from the National Health Insurance Corporation, on the ground that four caregivers, including the Plaintiff, were performing the duties of caregivers even though they did not actually perform the duties of caregivers; and (c) was paid with the allowance for benefits from the National Health Insurance Corporation; and (d) was subject to reduction according to the standards for assignment of human resources because they did not perform the duties of caregivers for a certain period; and (d) some beneficiaries were paid the rating improvement incentive even if they were not entitled to the rating improvement incentive, and were subject to disposition of business suspension from May 1, 2015 to August 3, 2015 (hereinafter “instant disposition”).

The Defendant’s disposition of this case’s defense of this case’s defense of this case’s defense of this case’s defense of this case’s defense of this case’s defense of this case’s defense without any dispute (applicable to recognition), Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 5, and the whole purport of the entire pleading was 94 days’ suspension

It shall be as shown in the attached Form of the relevant statutes.

Judgment

In order to recognize the benefit of a lawsuit for confirmation of nullity, etc., there must be "legal interest" as stipulated in Article 35 of the Administrative Litigation Act. If the effective period is specified in an administrative disposition and the validity of the administrative disposition is not suspended, the effect of the administrative disposition shall be invalidated upon the lapse of the above period. Thus, the administrative disposition shall be made after the expiration of the period.