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(영문) 수원지방법원 2018.09.06 2017구합66016

장기요양급여비환수처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. An individual (designated on August 2014) who is an individual (designated on August 26, 2014) of the facility benefit (or a fixed number of 26 persons) of the Plaintiff C Senior Welfare Center for the Aged (designated on August 2014) (designated on October 2008), who is the representative of the organization that has established the security guards, the organization name, the type of benefit for the elderly, and the B medical care center (change from 29 up to 39 persons on September

A. The Plaintiff is a person who operates a medical care center (hereinafter “instant medical care center”) which is a long-term care institution that provides facility benefits prescribed by the Act on Long-Term Care Insurance for the Long-Term in Yangju-si (hereinafter “the instant medical care center”) and a C Elderly Welfare Center (hereinafter “the instant center”) which is a long-term care institution that provides home care benefits as prescribed by the said Act. The Plaintiff is a person who operates each of the instant medical care centers when referring together with the instant medical care center.

Detailed matters of each agency of this case shall be as follows:

B. Defendant and Yangju Mayor from August 30, 2016 to the same year

9. From August 2014 to June 2016, the instant medical care center conducted a joint on-site investigation (hereinafter “instant on-site investigation”) on the details of the instant medical care center’s benefits provided (total 23 months) and the details of the instant medical care center’s benefits provided (total 11 months) from August 2015 to June 2016.

C. The Defendant determined that there was the following unfair claims through the instant on-site investigation.

1) A claim for violation of the standards for placement of human resources (1), (2) a claim for a violation of the standards for placement of human resources, (3) a claim for violation of the standards for placement of human resources, (2) a claim for a violation of the standards for placement of human resources per day during the period of stay, (2) a claim for a violation of the standards for placement of night hours, (3) a claim for a violation of the standards for placement of human resources, (2) a claim for a violation of the standards for placement of human resources, (3) a claim

D. On October 7, 2016 based on the results of the instant on-site investigation, the Defendant legally calculated expenses for long-term care benefits paid to the Plaintiff to each institution of this case pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13637, Dec. 29, 2015).