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(영문) 서울행정법원 2014.08.21 2014구합55311

정보공개거부처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On June 25, 2008, Plaintiff A opened and operated the instant medical care institution (hereinafter “instant medical care institution”) providing home care, such as visiting care, visiting bath, visiting nursing, and night care in Kimcheon-si, Kimcheon-si (hereinafter “instant medical care institution”). The facility benefits are also provided in the same name from March 4, 2010 to the same place.

Plaintiff

B is the husband of the Plaintiff A.

B. From October 4, 2010 to October 6, 2010, the Defendant conducted on-site verification examinations of the instant medical care institution.

In addition, from February 24, 2012 to February 28, 2012, the Defendant conducted on-site inspections of the instant medical care institution with respect to the instant medical care institution, and on March 14, 2012, requested Kimcheon-si Mayor to conduct on-site inspections of the instant medical care institution, and the Kimcheon-si Mayor conducted on-site inspections of the instant medical care institution from March 20 to March 24, 2012.

C. On April 20, 2012, the Defendant rendered a decision to recover KRW 407,090 under Article 43 of the former Act on Long-Term Care Insurance for the Aged (amended by Act No. 12067, Aug. 13, 2013; hereinafter “Long-Term Care Insurance for the Aged”) on the ground that the Plaintiff claimed KRW 407,090 for expenses for long-term care benefits to the Plaintiff and received the payment thereof by fraud or other improper means (hereinafter “the redemption decision on April 20, 2012”), and on the ground that the Plaintiff did not assign one water clinic around March 2013, 2013, to reduce the amount of KRW 9,372,290 among the claims for expenses for long-term care benefits for the period of March 2013 (hereinafter “the reduction decision on April 2, 2013”).

On March 6, 2013, the Plaintiffs requested the Defendant to disclose the instant information, “the number of the total agencies subject to on-site verification from Defendant Kimcheon branch to June 2012, 2012,” and “the total number of agencies notified in writing seven days prior to the on-site verification examination”. The Defendant on March 15, 2013, “the total number of agencies subject to on-site verification from Defendant Kimcheon branch to June 2012” and “the total number of agencies subject to on-site verification for two consecutive years from June 2010 to June 2012.”