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(영문) 서울행정법원 2018.01.25 2016구합72761

장기요양급여비용환수결정 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The details and details of the disposition are as follows: (a) from August 14, 2014, the Plaintiff established and operated the Korea Medical Care Center 1 (hereinafter “instant First Medical Care Center”) and the Korea Medical Care Center 2 (hereinafter “the instant Second Medical Care Center”); and (b) as well as the first Medical Care Center 2 (hereinafter “each of the instant Medical Care Center”).

From March 7, 2016 to March 10, 2016, the Defendant and the Busancheon City conducted an on-site investigation on the long-term care benefits, etc. of each of the instant medical care centers by setting the period subject to investigation as “from August 7, 2014 to January 2016”.

On July 29, 2016, the Defendant issued a disposition to recover the expenses for long-term care benefits for the first medical care in the instant case based on Article 43(1) of the Long-Term Care Insurance Act, on the ground that the Plaintiff, as indicated in the table below, received the expenses for long-term care benefits in violation of the calculation of the expenses for long-term care benefits in the event that the Plaintiff did not purchase a beneficiary’s injury, etc. that may arise in the course of providing long-term care benefits (hereinafter “specialized liability insurance”), and that, in the event that the employee did not purchase a specialized personal liability insurance, the Defendant paid the expenses for long-term care benefits in violation of the calculation of the expenses for long-term care benefits.

hereinafter referred to as “instant disposition”). The sum total of KRW 9,838,080 (from March 9, 2015 to January 31, 2016) KRW 12,446,060 (from April 22, 2015 to January 22, 2016) of the instant medical care center 12,46,060 ( KRW 17,140,000,000,000,000 for the violation of the reduction standard for additional placement of human resources due to the non-acceptance of liability insurance, which is a professional in violation of the provisions on reduction of insurance following the non-acceptance of a specialized liability insurance contract.