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(영문) 전주지방법원 2016.11.24 2015구합1998

장기요양급여비용환수처분취소 청구의 소

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 operated the “Cmedical care center” designated as a long-term care institution by the head of the competent Gun in the North Korean-U.S., the Plaintiff provided facility benefits to the beneficiaries of long-term care.

B. From April 13, 2015 to April 17, 2015, the Defendant conducted an on-site investigation into the instant medical care center by setting the period subject to the investigation from March 13, 2012 to February 2015.

C. On September 18, 2015, the Defendant notified the Plaintiff of the decision to recover KRW 210,146,440 of the cost of long-term care benefits paid excessively by the Defendant at the Plaintiff’s unfair request pursuant to Article 43 of the Long-Term Care Insurance Act.

(hereinafter “instant disposition”) D.

According to the instant disposition, the Plaintiff claimed KRW 15,497,850 for the Plaintiff to increase the number of days of providing facility benefits to beneficiaries D and E, on the ground that the amount of redemption due to false increase in the number of days of service under the scheduled notification of the instant disposition was KRW 15,497,780. However, the amount of redemption of the instant disposition appears to have been KRW 15,497,850 among the instant disposition, and the amount of redemption of the instant disposition appears to have been KRW 15,497,850.

② In breach of the criteria for placement of human resources, the difference between KRW 139,989,730, and KRW 139,989,730, and KRW 30, from January to February, 2013, between July to February, 2014, and KRW 44,895,430, and KRW 430, the difference received by claiming the cost of long-term care benefits in the course of operating the relevant facility in violation of the criteria for placement during the period from December to February, 2014, and KRW 44,895,430, and KRW 430, from July to February 2014 (excluding liability insurance for the total period from October 29, 2013 to December 7, 2013, and January 3, 2014).