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(영문) 서울고등법원 2020.09.24 2020누38722

장기요양급여비용 환수처분 취소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is dismissed or added, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

【Supplementary or additional parts】 From 4 up to 8 pages 4 up to 8, as follows.

Article 23(2)2 and Article 30(5) of the Enforcement Rule of the Act on Long-Term Care Insurance for Older Persons and Article 23(2)2 and Article 30(5) of the Enforcement Rule of the Act on Long-Term Care Insurance for Older Persons and Article 49, Articles 51, 54, and 66 of the former Enforcement Rule of the Welfare of Older Persons Act [Attachment 4]. The purpose of this case is to provide the beneficiary with proper and specialized quality services by assigning necessary professionals in each business field in providing medical care services for older persons in order for older persons to provide proper and specialized services. In light of the fact that the provision of medical care services for older persons provides medical care facilities, it is reasonable to deem that an employee assigned to a sanitation facility for older persons to meet the criteria for assignment of human resources and additional placement of human resources is mainly engaged in cleaning, cleaning, and environmental hygiene management, and meet the monthly working hours.

6.2. The following shall be added to:

In addition, on June 21, 2018, with respect to the Plaintiff’s violation of the criteria for the placement of human resources, the J written down “Sanitary Institute C has served below the working hours from January 2017 to April 2018.” In relation to the violation of the criteria for the addition of human resources, “Sanitary Institute C has served less than the working hours from January 2017 to April 2018, and there was a fact that it has violated the criteria for the placement of human resources but received the addition.”