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(영문) 서울행정법원 2020.02.06 2019구합56302

장기요양급여비용 환수결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is establishing and operating the “C Center” designated as a long-term care institution in Matern City B (hereinafter “instant Center”).

The Minister of Health and Welfare conducted on-site investigations from November 1, 2016 to August 20, 2017 regarding the appropriateness of claims for expenses for long-term care benefits from October 16, 2017.

(1) On January 11, 2018, the Defendant issued a disposition to recover expenses for long-term care benefits to the Plaintiff on January 11, 2018. The Minister of Health and Welfare conducted a field investigation with the investigation period from April 16, 2018 to February 20, 2018 (hereinafter “the second field investigation”). As a result of the second field investigation, on August 24, 2018, based on the “Article 43 of the Long-Term Care Insurance Act for Long-Term Care”, the Defendant filed a claim against the Plaintiff without reducing the subscription period of liability insurance (unfair code H16, unfair amount 182,840), ② Violation of the night code (unfair amount 13, 18,07, 210), ③ Violation of the standard for protection of long-term care benefits (unfair amount of KRW 108,400,050,050,000,000).

(2) The beneficiaries of this case (hereinafter referred to as the “beneficiarys of this case”) who were judged to have protected by the Plaintiff for at least 24 hours in relation to the violation of the night protection standard at night are as follows:

Beneficiary 24 hours protection period D from January 17, 2018 to October 25, 2018, and from June 1, 2017 to October 15, 2017 (Friday or Sundays) F from July 1, 2017 to February 28, 2018, G 2017 to October 14, 2017 to H H from October 17, 2017 to October 17, 2017, the Plaintiff’s assertion that the disposition of this case is legitimate after the Plaintiff’s oral argument as to whether there is no dispute over the grounds for recognition, from February 8, 2018 to October 17, 2017, as a whole, from July 1, 2017 to 2017.