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(영문) 대구지방법원 2016.11.25 2016구합22331

업무정지등처분취소

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 is a party’s status 1) From June 18, 2015 to June 18, 2015, the medical care center for older persons (medical care facilities for older persons under Article 34 of the Welfare of Older Persons Act), a long-term care institution for older persons located in the Gu and America (hereinafter “instant medical care center”).

(2) On September 1, 2015, the Plaintiff, as a representative of the instant sanatorium, is operating a welfare center for the elderly (hereinafter “instant day and night protection facility”) that provides home care services and home and night protection services, as a home care institution for the same building as the instant sanatorium, is operating until now.

B. Based on Article 61 (Report and Inspection) of the Act on Long-Term Care Insurance for the Aged, the Defendant and the National Health Insurance Corporation: (a) conducted an on-site investigation on the details of benefits from October 16, 2015 to March 19, 2016 of the instant sanatorium (hereinafter “instant on-site investigation”); and (b) obtained confirmation from the Plaintiff on May 19, 2016.

In the case of G of a physical clinic who belongs to the instant sanatorium, even though he/she concurrently performs physical treatment duties at the instant sanatorium located in the same building located in the same building as the instant sanatorium for a total of three months from January 2016 to March 2016 (hereinafter “the instant period”), he/she was registered as a full-time worker at the instant sanatorium and claimed for expenses for medical treatment by adding the expenses for medical treatment.

(hereinafter “instant violation”). C.

The Defendant deemed that the Plaintiff received expenses for long-term care benefits in total amount of KRW 3,847,870 in violation of the guidelines for additional placement of human resources during the instant period. On July 19, 2016, Article 37(1)4 of the Act on Long-Term Care Insurance for the Plaintiff, Article 29 [Attachment 2](2) of the former Enforcement Rule of the Act on Long-Term Care Insurance for the Plaintiff.

Section 1.