beta
(영문) 춘천지방법원 2017.01.20 2016구합51403

장기요양급여비용 환수처분 취소의 소

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 operating the “C Center” in the Gangseo-gu Yang-gun B (hereinafter “instant institution”). On August 1, 2009, the instant institution was designated as a long-term care institution for long-term care from the head of Yang-gu Gun pursuant to Article 31 of the Long-Term Care Insurance Act and Article 23(3) of the Enforcement Rule of the said Act.

B. From June 13, 2016 to April 16, 2016, the Defendant and the head of both-gu conducted a field investigation on the details of long-term care benefits from May 2013 to April 2016 of the instant agency, and confirmed the Plaintiff’s following violations.

- A claim is filed to increase the number of night protection hours and the number of hours of the services (2,758,410 won) - From June 2015 to April 2016, - A claim is filed to increase the number of hours of the services to claim reimbursement costs (970,520 won) due to a beneficiary D’s provision of night night protection services and mobile services from June 2015 to a beneficiary D’s provision of night night protection services (970,520 won) - From June 2015 to April 2016, a claim is made to increase the number of hours of the services to the beneficiary D’s night protection services (12,183,570 won) by increasing the number of hours of the services (12,183,570 won). - A claim is made to a beneficiary who receives the main night protection services to provide body cleaning services from the bathing room in this case, and special matters are to be claimed: the period of claim for reimbursement 3212,260 won in addition.

C. On August 16, 2016, pursuant to Article 43 of the Long-Term Care Protection Act for the Aged, the Defendant notified the Plaintiff of a decision to recover expenses for long-term care benefits paid in excess on the ground that “the principle of benefits for home visit (including facilities not authorized), the number of days of services, and the number of times increased, demanding reimbursement of KRW 15,912,510 of long-term care benefits paid in excess,” and on the same day, paid excessive amount on the ground of “the violation of the principle of benefits for home visit (including facilities not authorized)” pursuant to Article 43 of the Long-Term Care Protection Act for the Aged.