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(영문) 창원지방법원 2016.04.05 2015구합1500

업무정지등처분취소

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 a corporation that establishes and operates a sanatorium for older persons under the Act on Long-Term Care Insurance for Older Persons (hereinafter “the instant facility”).

B. From June 23, 2014 to June 26, 2014, the National Health Insurance Corporation conducted on-site investigations of the instant facilities (the period subject to investigation: from March 23, 2013 to April 2014), and as a result, discovered the following violations.

From October 24, 2013 to November 25, 2013, in violation of liability for compensation insurance, 88,020 won was claimed for 10% of expenses for benefits without reducing the amount of expenses for benefits even during the period from 13 to 14 persons.

C, registered as a sanitary officer of the violation of the criteria for additional placement of human resources, calculated the rate of additional placement of human resources for caregivers and filed an unfair claim for KRW 6,725,210,00, even though C did not perform its own duties from March 2014 to April 201.

C. On October 16, 2014, the Defendant issued an administrative disposition under Article 37(1)4 of the Act on Long-Term Care Insurance for the Aged of the Aged and Article 29 [Attachment Table 2] of the Enforcement Rule of the same Act for the suspension of business pursuant to Article 37(1)4 of the Act and Article 29 of the Enforcement Rule of the same Act (from November 19, 2014 to December 18, 2014) with regard to “B Representative D” as the party to the disposition

(hereinafter “instant previous disposition”) D.

Accordingly, D filed a lawsuit against the Defendant seeking the revocation of the previous disposition of this case, and the court rendered a judgment revoking the previous disposition on the ground that it was illegal not against the Plaintiff, who is the installer or operator of the facility of this case, but against D, who is the representative of the facility of this case. The above judgment became final and conclusive.

Changwon District Court (Seoul District Court Decision 2014Gudan1186 decided May 26, 2015). E.

On November 27, 2015, the Defendant against the instant facilities pursuant to Article 37(1)4 of the Act on Long-Term Care Insurance for the Disabled Persons and Article 29 [Attachment Table 2] of the Enforcement Rule of the same Act on the ground that the Plaintiff is the party to the disposition.