beta
(영문) 서울행정법원 2017.02.02 2016구합59126

장기요양급여비용 환수결정처분 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. From around August 24, 201, the Plaintiff operated a long-term care institution under the name of “C Elderly Care Center” (hereinafter “instant medical care center”) that provides facility benefits as a communal living home for older persons under the Welfare of Older Persons Act. From around August 22, 2014, the Plaintiff operated a long-term care institution under the name of “C Elderly Care Center” that provides home care benefits (hereinafter “instant center”).

B. On September 21, 2015, the Defendant notified the Plaintiff of the decision to recover expenses for long-term care benefits of KRW 70,165,160 in total and KRW 6,345,320 in the instant hospital based on Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015) on the ground that the Defendant paid excessive expenses for long-term care benefits to the Plaintiff.

(hereinafter referred to as "disposition concerning the Medical Care Center of this case" and "Disposition concerning the Center of this case" respectively, and when they are collectively referred to, "each Disposition of this case". The specific grounds for each Disposition of this case are as follows.

1) In excess of the prescribed number of medical care centers of this case, D was accommodated in November 2014 in the instant medical care center, E was from April 2013 to November 2014, F was provided in November 2014, and G was provided from July 2014 to November 2014, except the draft of September 2014.

As a result, in the instant medical care center, more than nine inmates were admitted from May 2013 to January 2014 and from April 2014 to November 201.

Therefore, the Plaintiff should have claimed and received expenses for long-term care benefits in relation to the instant medical care center at a certain rate during each of the above periods, but the Plaintiff was paid a total of 30,702,800 won when it was reduced due to its failure to do so.

B. The plaintiff violates the criteria for placement of human resources.