장기요양급여비용환수처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the instant disposition
A. On August 20, 2012, the Plaintiff was designated as a long-term care institution from the following cities and operated a long-term care institution for senior citizens (hereinafter “instant medical care institution”) under the name of “Cmedical care center” in the following cities:
B. The Plaintiff, from April 1, 2013 to December 11, 2013, from December 16, 2013 to June 30, 2014; from October 2, 2014 to January 6, 2015; and from March 1, 2015 to March 31, 2015, he/she reported himself/herself as an assistant nurse.
C. As a result, the Defendant conducted an on-site investigation into the details of long-term care benefits with regard to the instant medical care center from April 9, 2013 to April 12, 2015 in collaboration with the following: (a) the Plaintiff was found to have received expenses for additional placement of human resources for nursing assistants by claiming for expenses for additional placement of human resources for nursing assistants during each period from April 9, 2013 to June 2014; (b) from October 2014 to December 2014; and (c) even if the Defendant did not perform its duties as an assistant nurse during each period from March 2015 to June 12, 2015.
The defendant shall apply to the plaintiff on August 20, 2015.
The former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter referred to as the "former Long-Term Care Insurance Act") was notified that the excessive expenses for long-term care benefits paid pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter referred to as the "former Long-Term Care Insurance Act") will be deducted from
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 13, Eul’s evidence Nos. 1 through 3 and 5, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is an overall task of the nursing team, such as nursing, underwriting, and management body, nursing, medicine management, and emergency equipment management, and night emergency response.