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(영문) 광주지방법원 2017.09.14 2017구합10982

장기요양급여비용 환수결정처분 취소

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1. All of the instant claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. From August 5, 2015 to the date of Jeju City, the Plaintiffs are co-representatives of the D Week (hereinafter “instant medical care institution”) which is a long-term care institution for long-term care under the Long-Term Care Insurance Act for the Aged (hereinafter “the instant medical care institution”) and the D medical care institution corresponding to the medical care institution for the aged, and the Defendant is a non-profit corporation that performs duties as an insurer of long-term care insurance

B. From August 30, 2015, based on Article 61 of the Act on Long-Term Care Insurance for the Aged and the Defendant:

9.2. From August 2015 to July 2016, the following violations (hereinafter “instant violations”) were confirmed as a result of the instant on-site investigation on the details of benefits (hereinafter “instant on-site investigation”) conducted between the instant medical care institution and the D Medical Care Institute from August 2015 to July 2016. According to Section 5 of Chapter IV of the Public Notice, E (F) registered as Chowon does not apply the allowance for benefits during the pertinent period.- During the period of service from December 2015, G (H students) was during the period of service from September 2015 to November 2015, while G (H students) was unable to hold concurrent office for the period of service from January 2016 to July 2016, IJ was jointly performing the work of cooking work of the instant medical care institution and D Medical Care Institute for a period of time when additional KRW 1000,0000 was not satisfied (hereinafter referred to as “instant on-site investigation”).

The Defendant: (a) deemed that the Plaintiffs unfairly received expenses for long-term care benefits in violation of the criteria for additional placement of human resources in managing the instant medical care institution; (b) on September 13, 2016, the Defendant sent a notice of expected restitution of KRW 26,319,270 to the Plaintiff; and (c) on September 13, 2016, the Plaintiff sent the notice of expected restitution to the Plaintiff.