장기요양급여비용환수처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the instant disposition
A. The Plaintiff is the representative of the C Care Center for the Aged (hereinafter “C Care Center”).
B. The Plaintiff, from April 1, 2013 to December 11, 2013, from December 16, 2013 to June 30, 2014; from October 2, 2014 to January 6, 2015; and from March 1, 2015 to March 31, 2015, he/she reported himself/herself as an assistant nurse.
C. From June 9, 2015 to June 12, 2015, the following: (a) as a result of an on-site investigation into the details of long-term care benefits conducted from April 2013 to April 2015 of the instant medical care center; (b) the Plaintiff was paid additional placement expenses for the assistant nurse even if he/she did not perform his/her duties as an assistant nurse during the period from April 2013 to June 2014; (c) from October 2014 to December 2014; and (d) was paid additional placement expenses for the assistant nurse.
On August 20, 2015, the Defendant notified the Plaintiff of the determination to recover expenses for long-term care benefits of KRW 55,673,190 pursuant to Article 43(1)3 of the former Long-Term Care Insurance Act (wholly amended by Act No. 13647, Dec. 29, 2015; hereinafter “former Long-Term Care Insurance Act”) on the ground that the instant medical care center was paid expenses for long-term care benefits in breach of the guidelines for additional placement of human resources (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 13, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion performed duties as an assistant nurse at the medical center of this case. The plaintiff properly claimed expenses for long-term care benefits and received payment.
Therefore, the instant disposition should be revoked as it is unlawful due to the absence of the grounds for disposition.
(b) Entry in the attached Form of relevant statutes;
(c) Determination 1 is from the other party to the investigation in the course of the on-site investigation by the administrative authority.