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(영문) 서울행정법원 2016.05.26 2015구합71327

장기요양급여비용 환수결정 취소 청구의 소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

From December 30, 2010 to April 29, 2014, Plaintiff A operated a long-term care institution that provides each facility benefit under the trade name of “Dic Care Center for Older Persons” (hereinafter “Dic Care Center”) at the same place from April 30, 2014 to December 30, 2014.

As to the details of long-term care benefits from February 9, 2015 to February 12, 2015, from May 31, 2012 to April 30, 2014, Defendant employees conducted an on-site investigation on the details of long-term care benefits from May 1, 2014 to December 31, 2014 (hereinafter “instant investigation”), and discovered the following facts.

The court issued a disposition on June 4, 2015 that "The defendant, on the basis of Article 43 of the Long-Term Care Insurance Act, did not work for the plaintiff AH nurse F at least 160 hours a month (6 days a week, 9:00 to 16:30 days a week, and retired) provided the kitchen at the home care center for the care of the plaintiff B caregiver, who was not actually engaged in the care of the plaintiff B caregiver A during night hours a month, provided the kitchen services at the home care center for the care of the plaintiff B, who was not actually engaged in the care of the plaintiff B caregiver, and on June 4, 2015, the defendant provided the plaintiffs with the following measures: "The amount of KRW 319,907,240, and KRW 43,048,730 paid to the plaintiff B as expenses for long-term care benefits in excess of the expenses for the care of the plaintiff B's home care service."

(hereinafter “instant disposition” (hereinafter “instant disposition”). Inasmuch as there is no dispute, the instant disposition constitutes a punitive administrative disposition as it recovers the expenses for long-term care benefits already paid, and thus constitutes a sanction. The instant disposition’s assertion as to the legal basis for the instant disposition, based on the purport of the entire argument, is a statement of evidence Nos. 1, 2, 4, 6, and 7

However, the instant disposition becomes the basis for the instant disposition.