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(영문) 서울행정법원 2015.10.15 2015구합1540

장기요양급여비용환수처분취소

Text

1. February 1, 2014 and March 3, 2014 among the disposition taken by the Defendant to recover KRW 21,447,50 to the Plaintiff’s “B medical care center” on November 17, 2014.

Reasons

1. Details of the disposition;

A. From March 1, 2012, the Plaintiff was operating the “H medical care center” (hereinafter “H medical care center”), which is a long-term care institution that provides facility benefits on the fourth floor of the building in Ansan-gu, Ansan-si, and the “B medical care center” (hereinafter “B medical care center”) which is a long-term care institution that provides facility benefits on the fifth floor, and the “Ch night care center” (hereinafter “C center”) which is a long-term care institution that provides home care benefits.

H Medical Care Center and B Medical Care Center were nine persons, respectively, from March 1, 2012.

B. Based on Article 61(2) of the Act on Long-Term Care Insurance for Long-Term Care Insurance for the Aged, the Ansan market conducted on-site investigations of H Care Workers, B Care Workers, and C Centers for four days from August 19, 2014 (hereinafter “on-site investigations”).

On November 17, 2014, based on the above on the result of the on-site investigation, the Defendant rendered a disposition of restitution to the Plaintiff as follows:

(hereinafter “each of the instant redemption dispositions”) Disposition 1: From July 2013 to February 2014, I received accommodation from the Plaintiff from H Care Center from the Plaintiff, and 10 or 11 inmates were admitted to the H Care Center from August 2013 to February 2014.

Therefore, the Plaintiff’s notice on the cost of long-term care benefits, etc. on account of excess admission quota (amended by the Ministry of Health and Welfare No. 2013-160 of Oct. 16, 2013; hereinafter “former Notice”) Chapter 3 of the former Public Notice on Long-Term Care Benefits (amended by the Ministry of Health and Welfare No. 2013-160 of Oct. 16, 2013) is amended by the Ministry of Health and Welfare Notice No. 2013-160 of Oct. 16, 2013, and was wholly amended by the Ministry of Health and Welfare’s notice on the criteria for the provision of long-term care benefits and the method of calculating the cost of benefits, etc. under Chapter 2 of the Public Notice on Long-Term Care Benefits.