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(영문) 서울서부지방법원 2015.02.12 2013가합33454

손해배상(기)

Text

1. The Plaintiff:

A. Defendants A and B, each of which was KRW 818,245,715, and each of them, respectively, and Defendant A and B, from October 16, 2013 to February 12, 2015.

Reasons

1. Facts of recognition;

A. The status of the parties is the insurer of the long-term care insurance program under Article 7(2) of the Act on Long-Term Care Insurance for the Aged (hereinafter “the Act”), and Defendant B, E, C (H), F (I) and G (J) are importers of welfare instruments provided as one of the long-term care benefits pursuant to Article 23 of the Act, and Defendant A and Defendant D are the representative directors of Defendant B and Defendant E.

B. Article 23 of the Act provides that “Other home care benefits” as one of the long-term care benefits provided for in Article 2 subparag. 2 of the Act refers to the provision of assistance necessary to support the daily life and physical activities of beneficiaries or the provision of long-term care benefits prescribed by Presidential Decree, which provides assistance for rehabilitation by visiting home (Article 23(1)1 (f) of the Act). Article 9 of the Enforcement Decree of the Act provides that “other home care benefits under Article 23(1)1 (f) of the Act refer to the provision or lending of assistance necessary to support the daily life or physical activities of beneficiaries, which is determined and publicly notified by the Minister of Health and Welfare.”

According to the Ministry of Health and Welfare’s “public notice of the scope of benefits for welfare equipment, payment criteria, etc.” (hereinafter “public notice”) of the Minister of Health and Welfare pursuant to the delegation of the above Enforcement Decree, the medical care benefit determination procedure is established under the Plaintiff’s control after consulting the price with the process of document review, preliminary examination, etc. in accordance with the detailed matters concerning the selection of items for welfare equipment and calculation of expenses for benefits (hereinafter “detailed matters”), of which the manufacturer or importer of welfare equipment who wishes to be subject to the long-term care insurance benefits for older persons applies to the Plaintiff’s chief director (Article 8(1)).