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(영문) 서울행정법원 2015.06.25 2014구합67963

장기요양급여비용환수결정 취소

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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 long-term care institution that provides facility benefits in the name of “B” in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant medical care institution”).

B. The Defendant and the head of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the head of Gwangjin-gu”) conducted an on-site investigation on the instant medical care institution from August 25, 2013 to January 28, 2014 by providing the investigation period from February 25, 2014 to February 28, 2014.

C. On August 27, 2014, the Defendant: (a) filed a claim for additional placement of nursing workforce (hereinafter “instant reasons for disposition”); (b) notified the Plaintiff of the additional assignment of nursing workforce due to the delay in reporting the admission of 11 persons, such as inmates D, E, F, G, H, H, I, J, K, L, M, and N (hereinafter “instant admitted persons”); (c) the assistant nurse’s office’s actual working hours from September 2013 to October 10, 2013, which were less than 160 hours per month; and (d) the additional assignment of nursing workforce to the Plaintiff on September 7, 2013; and (e) the additional assignment of nursing workforce to the Plaintiff on October 4, 2013; and (e) the additional assignment of nursing workforce to the Plaintiff pursuant to Article 38 of the Long-Term Care Insurance Act (hereinafter “grounds for Long-Term Care Insurance Act”).

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] The entry of Gap Nos. 1, 2, 3, 5, and Eul No. 6 (including serial numbers), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion on the grounds for disposition No. 1 of the Plaintiff’s assertion was based on the period of the instant medical care, and the instant guardian’s duties are also included in “preparation for eating and eating,” which is a caregiver’s duties.

Even if the cook's duties are not included in the caregiver's duties, the guardian of this case is about 30 minutes and 10 times each.