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(영문) 서울행정법원 2018.08.30 2018구합53122

장기요양급여비용 환수처분취소의 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 a “C Center” (hereinafter “instant institution”) that provides visiting medical care services on the 2 and 4th floor of the Full-si in the Jeonju-si.

The instant institution was designated as a long-term care institution on December 23, 2013 pursuant to Article 31 of the Act on Long-Term Care Insurance for the Aged and Article 23(3) of the Enforcement Rule of the same Act.

B. From September 18, 2017 to September 21, 2017, the Jeonju-si conducted a field investigation on the adequacy of the claim for expenses for long-term care benefits (hereinafter “instant field investigation”) from June 2015 to July 2017 of the instant agency with the Defendant’s support. As a result, the Plaintiff determined that the Plaintiff unduly claimed expenses for long-term care benefits in total KRW 28,381,380 as follows with respect to the provision of visiting medical care benefits:

In total amount of unfair claims: A claim filed without reducing the amount of liability insurance for KRW 28,381,380 without deducting the amount of injury that may arise in the course of providing long-term care benefits to a long-term care institution pursuant to the public notice on expenses for long-term care benefits, etc. of KRW 614,280, and a claim shall be made by subtracting 10% of the expenses for providing benefits to a person who has not subscribed to liability insurance for long-term care from the amount of benefits during the period for which he/she did not purchase; however, the Plaintiff filed a claim for additional expenses for providing benefits on October 17, 2016 to October 21, 2016 (No. 16th 15th 206th 16th 206th 206th 16th 206th 206th 16th 206th 206th 206).