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(영문) 광주지방법원 2020.09.10 2020구합10302

장기요양급여비용 환수처분 무효 확인등

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

In addition, the Plaintiff is a person who establishes and operates the C Center, which is a long-term care institution for home care in the Gwangju Mine-gu B and the second floor (hereinafter “instant Center”).

From September 21, 2015 to September 24, 2015, the Defendant conducted an on-site investigation into the details of the payment of expenses for long-term care benefits to the instant center (hereinafter “instant investigation”). On July 12, 2015, the Defendant rendered a decision to recover the expenses for long-term care benefits paid pursuant to Article 43 of the Long-Term Care Insurance Act to the Plaintiff on July 12, 2015, as indicated in the details of the decision to recover expenses for long-term care benefits in attached Table 1 (hereinafter “grounds for Disposition 1”), such as “the number of two visiting bathing workers”), the claim after the provision of the services by the unreported caregiver (hereinafter “grounds for Disposition 2”), the claim without reduction of the subscription period for long-term care benefits paid pursuant to Article 43 of the Long-Term Care Insurance Act (hereinafter “grounds for Disposition 3”), and the claim without reduction of the subscription period for a specialized liability insurance (hereinafter “grounds

(hereinafter referred to as the “disposition in this case”). [Grounds for recognition] The Disposition in this case is significant and obvious for the following reasons, and the Disposition in this case is null and void: (a) there is no dispute; (b) Gap evidence Nos. 1 through 6; and (c) Eul evidence Nos. 1 through 4 (including a serial number; hereinafter the same shall apply); and (c) the purport

제1 처분사유에 대한 주장 원고는 대부분 2인의 요양보호사를 투입하여 목욕서비스를 제공하였으나, 일부 여성수급자(D, E)의 경우 남성 요양보호사로부터 목욕서비스를 받는 것을 강력히 거부하여 그와 같은 경우 전체 목욕 과정 중 일부인 몸씻기에 한하여 2인이 아닌 1인의 요양보호사가 서비스를 제공하였는바, 이를 두고 노인장기요양보호법령에 위반하여 목욕서비스를 제공하였다고 볼 수 없다.

If the F reported as a caregiver of the Center on Grounds for Disposition No. 2 is urgently required to accompany the Center to the hospital for another recipient, the F is injured.