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(영문) 서울행정법원 2016.09.01 2015구합71365

장기요양급여비용환수처분 취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. The Plaintiff is operating “B medical care center” (the provision of facility benefits; hereinafter “instant medical care center”) and “B senior citizens’ welfare center” (the provision of home care benefits (short-term protection, etc.; hereinafter “instant center”)), which is a long-term care institution under the Act on Long-Term Care Insurance for the Aged in the fourth floor located in the building of the 4th floor in the Chungcheong City.

(hereinafter collectively referred to as “each of the instant medical care institutions.” The instant medical care center used part of the first and second floors of the said building, and the instant center used part of the second and third floors, and jointly used the program room, restaurant, cooking room, etc. in the third and third floors.

B. From April 13, 2015 to April 17, 2015, the Defendant and the Chungcheong City Mayor conducted a field investigation on the details of long-term care benefits of each of the instant medical care institutions from April 13, 2015 to March 2015 (hereinafter “instant investigation”), and determined as follows.

(3) A claim (1,690,421 won) is filed without any decrease in the number of grounds for disposition in excess of the standard for providing short-term benefits (1,711,682 won) for the short-term benefit protection period of the grounds for disposition (1,57,256 won). < Amended by Presidential Decree No. 2032, Jan. 1, 2001; Presidential Decree No. 20682, Feb. 28, 2001; Presidential Decree No. 20682, Feb. 28, 2001; Presidential Decree No. 20348, Feb. 28, 2001; Presidential Decree No. 20682, Feb. 28, 200)

C. On June 24, 2015, pursuant to Article 43 of the Act on Long-Term Care Insurance for the Aged of the Plaintiff, the Defendant added the amount of KRW 302,354,260 to KRW 19,892,420 of the cost of long-term care benefits claimed against the Plaintiff without reducing the violation of the criteria for placement of human resources prior to the investigation period.

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