장기요양급여비용환수처분 취소의 소
1. The judgment of the court of first instance is modified as follows.
On June 24, 2015, the Defendant’s 302,354 regarding B care center for the Plaintiff on June 24, 2015.
1. Details of the disposition;
A. The Plaintiff has operated the instant center, which is a long-term care institution providing facility benefits (short-term protection) and a long-term care institution providing home care benefits (short-term protection) in Chungcheong City E (hereinafter “instant building”).
B. Based on Article 61(2) of the former Act on Long-Term Care Insurance for the Aged (amended by Act No. 13647, Dec. 29, 2015; hereinafter “long-Term Care Insurance for the Aged”) the Defendant and the Chungcheongnam-do Governor conducted an on-site investigation into the instant medical care center and the instant center (hereinafter “instant investigation”) on the subject period from April 13, 2015 to April 17, 2015, based on which the subject period from April 13, 2015 to April 17, 2015 (hereinafter “long-term Care Insurance for the Aged”), and determined that the instant medical care center and the instant center were unfairly claimed expenses for the benefits of KRW 302,354,260 in total, and KRW 22,456,540 in total.
C. On June 24, 2015, pursuant to Article 43(1) of the Act on Long-Term Care Insurance for the Aged, the Defendant rendered a decision to recover KRW 302,354,260 in total, and KRW 22,456,540 in total, the sum of the amount of the unfair claims related to the pertinent center (hereinafter collectively referred to as “instant disposition”).
1) Unlike the reimbursement disposition on the instant medical care center’s restitution disposition, etc. for the instant medical care center, the Defendant was unjustly paid expenses incurred in providing facility benefits of KRW 1,214,855, in aggregate by claiming the cost of benefits from the Defendant, contrary to the type of benefits actually provided, even though L was provided for short-term protection benefits from December 12, 2013 to February 2014; from January 2, 2013 to January 7, 2014; and from October 2014, 2014 to M.
(1) The instant case pertains to the instant disposition, from August 2012 to June 7, 2012; N around September 2014; N from August 2012 to November 2012; and P from January 2013 to March 2013; P from April 2012 to April 7, 2012; Q from January 2014 to June 2014; and from June 2014 to December 2012, 2012