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(영문) 의정부지방법원 2019.02.14 2017구합577

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The instant medical care center (al.e., the number of 26 persons) of the Plaintiff D for the instant medical care center (al., the number of 29 persons to 39 persons on September 29, 2015) of the head of the agency responsible for the disposition;

A. The Plaintiff is a person operating the B-Medical Care Center, which is a long-term care institution that provides facility benefits prescribed by the Long-Term Care Insurance Act for Long-Term Care in Yangju-si (hereinafter “instant medical care center”) and the B-Housing Welfare Center for the Aged at home, a long-term care institution that provides home care benefits as prescribed by the said Act (hereinafter “instant center”). The Plaintiff is a person operating each of the instant medical care institutions when referring together with the instant medical care center (hereinafter “each of the instant institutions”).

Detailed matters of each agency of this case shall be as follows:

In the instant medical care center: (a) a claim for violation of the standards for placement of human resources; (b) a claim for a violation of the standards for placement of human resources; (c) a claim for a violation of the standards for placement of human resources; (b) a claim for a violation of the standards for placement at night; (b) a claim for a violation of the standards for placement at night; (c) a claim for a violation of the standards for placement at night; and (d) a claim for a violation of the standards for placement at night; and

B. From August 30, 2016 to the same year, Defendant and the National Health Insurance Corporation

9. From August 2014 to June 2016, the instant medical care center conducted a joint on-site investigation (hereinafter “instant on-site investigation”) on the details of the instant medical care center’s benefits provided from August 2014 to June 2016, and on the details of benefits provided from August 2015 to June 2016 (total 11 months) of the instant center, and determined that there was the following unfair claims.

C. On April 26, 2017, the Defendant rendered a disposition of business suspension of 85 days for the instant medical care center (hereinafter “instant one disposition”) and 50 days for the instant center (hereinafter “instant two disposition”) to the Plaintiff on grounds of the results of the instant on-site investigation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 (including each number; hereinafter the same shall apply) and arguments.