장기요양급여비용환수처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company operating commuting system welfare facilities for the aged (hereinafter “B”) under the name of “(StateB)B” in Seodaemun-gu Seoul Metropolitan Government 4, Seoul.
On August 27, 2012, based on Article 31(1) of the former Act on Long-Term Care Insurance for the Aged (amended by Act No. 12067, Aug. 13, 2013) and Article 23(1) and (3) of the former Enforcement Decree of the Long-Term Care Insurance for the Aged (amended by Ordinance of the Ministry of Health and Welfare No. 232, Feb. 14, 2014), the Plaintiff was designated as a long-term care institution that provides B with visiting care, visiting bathing, and weekly night care (limited to long-term care benefits as home care benefits).
B. A caregiver, who belongs to B, did not provide visiting care benefits to E on February 1, 2014 or from 11 to 111, 2014, under Article 15(2) of the Act on Long-Term Care Insurance for the Aged (hereinafter “beneficiary”). On February 3, 2014, the caregiver F did not provide visiting bathing benefits to G, who is the beneficiary. A caregiver H did not provide visiting care benefits and visiting bathing benefits to I, who is the beneficiary, on June 1, 2014.
Nevertheless, the Plaintiff claimed expenses for long-term care benefits as if each caregiver provided the above long-term care benefits on each day, and received a total of KRW 450,900 from the Defendant and the beneficiary.
C. Meanwhile, in the proviso of Chapter 1(e) of Chapter 2 of the former Public Notice on Long-Term Care Benefit Expenses (amended by the Ministry of Health and Welfare No. 2009-125 of Jun. 30, 2009), the term “[calculated Criteria] (5)” provided a beneficiary with accommodation at a weekly night protection institution, the number of beneficiaries shall not be calculated, and no beneficiary may be charged with expenses incurred in relation to expenses incurred in relation to long-term care benefits, other than expenses incurred in providing accommodation.”
The notice prior to the amendment in 2009 is referred to as "the notice prior to the amendment".
. and the Gu.