과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 1, 2015, the Plaintiff is the representative of the medical care center for senior citizens (hereinafter “instant medical care center”) in the Gu and Si/Gu, and is operating the D senior citizens’ welfare center (hereinafter “instant medical care center”) that provides home care services and home care services for senior citizens as a home care institution for the same building as the instant medical care center on September 1, 2015.
B. Based on Article 61 (Report and Inspection) of the Act on Long-Term Care Insurance for the Aged, the Defendant and the National Health Insurance Corporation conducted a field investigation on the details of benefits from October 16, 2015 to March 19, 2016 of the instant sanatorium (hereinafter “instant field investigation”) and confirmed the following violations.
In the instant case of physical therapy E, from January 2016 to March 2016, even if performing physical therapy services concurrently with the instant sanatorium located in the same building located in the same building as the instant sanatorium for a total of three months (hereinafter “the instant period”), it was registered as a full-time worker at the instant sanatorium and claimed for the additional calculation of expenses for benefits.
(hereinafter “instant violation”). C.
Article 37(1)4 of the Long-Term Care Insurance Act and Article 29 [Attachment 2](2) of the Enforcement Rule of the same Act to the Plaintiff on July 19, 2016, deeming that the Defendant unjustly received expenses for long-term care benefits in violation of the guidelines for adding additional placement of human resources during the instant period.
Pursuant to Paragraph 1, prior notice of disposition was given to the effect that it will suspend its business for 30 days.
Accordingly, on July 22, 2016, the Plaintiff submitted a written opinion to the Defendant. On August 23, 2016, the Defendant reduced 30 days of business suspension to 1/2 in consideration of the motive, content, degree, result, etc. of the violation to the Plaintiff, but on 15 days of business suspension pursuant to Article 37-2(2) of the Act on Long-Term Care Insurance for the Aged.