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(영문) 의정부지방법원 2017.09.26 2016구합10126

업무정지처분 취소

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 a C Care Center, a long-term care institution and medical welfare facility for older persons (hereinafter “instant medical care center”).

B. The Defendant and the National Health Insurance Corporation (the period subject to investigation: from August 15, 2012 to July 7, 2015) found that the Plaintiff unfairly claimed and received the cost of long-term care benefits for KRW 82,66,450 (the aggregate amount of KRW 84,824,080 if the amount of unfair receipt by July 7, 2012, is added to the amount of unfair receipt by July 2012, in violation of the criteria for addition of human resources, such as reporting differently from the fact that the period of service of nursing assistants D, E, cook F, G, and H’s monthly working hours of facilities:

C. On December 7, 2015, the National Health Insurance Corporation rendered a decision to recover expenses for long-term care benefits of KRW 84,824,080 against the Plaintiff.

Although the Plaintiff filed an appeal against the National Health Insurance Corporation seeking revocation of the above recovery disposition (U.S. District Court 2016Guhap68886), the above court rendered a judgment dismissing the Plaintiff’s claim on June 13, 2017, and the above judgment became final and conclusive around that time.

Article 37(1)4 of the former Long-Term Care Insurance Act (Amended by Act No. 13647, Dec. 29, 2015; hereinafter “former Long-Term Care Insurance Act”) for the Plaintiff on January 6, 2016 after prior notice of the disposition and hearing procedures, and Article 29 [Attachment 2] of the former Enforcement Rule of the Long-Term Care Insurance Act (Amended by Ordinance of the Ministry of Health and Welfare No. 443, Nov. 7, 2016; hereinafter “former Enforcement Rule of the Long-Term Care Insurance Act for the Aged”; hereinafter “former Enforcement Rule of the Long-Term Care Insurance Act for the Aged”) for business suspension of 102 days (2,296,290 won per month, and 18.95%), and Article 35(3) and 43(1)1 of the former Welfare Act for the Aged (Amended by Act No. 13646, Dec. 29, 2015; hereinafter “former Welfare Act”).