beta
(영문) 서울행정법원 2017.10.19 2016구합69383

장기요양급여비용 환수처분 취소의 소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details and details of the disposition;

A. The Plaintiff is a social welfare foundation that establishes and operates the “C”, which is a sanatorium for older persons (hereinafter “instant sanatorium”) in Gangnam-gu Seoul Metropolitan Government.

B. From April 5, 2016 to April 8, 2016, the head of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant on-site investigation”) conducted a field investigation on long-term care benefits, etc. (hereinafter “instant on-site investigation”) with respect to the instant sanatoriums from November 2009 to January 2016 (hereinafter “the period subject to investigation of the instant on-site investigation”).

The investigation period of the instant on-site investigation was “from February 2, 2013 to January 2016.” However, the head of Gangnam-gu Seoul Metropolitan Government announced that “it may extend the investigation period if necessary,” while conducting the instant on-site investigation. In the process of the on-site investigation, the investigation period was extended as above.

C. Based on the results of the instant on-site investigation, the Defendant: (a) around May 2, 2016, the Plaintiff was unable to receive additional placement of personnel for a period from November 2, 2009 to November 201, 20; and (b) was paid a total of KRW 183,369,250 by receiving additional placement and additional placement of personnel for a physical clinic; and (c) was unfairly claimed and paid for KRW 183,369,250 in the manner that the cost of long-term care benefits was not reduced and adjusted; and (d) the Defendant could not receive additional placement of KRW 183,369,250 in the instant disposition grounds; and (e) was paid for KRW 12,201; (e) from August 6, 2011 to KRW 30, 201; and (e) from KRW 10 to KRW 75,207; and (e) from KRW 106,710 to KRW 75,207.7).

b.0.0 c.