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(영문) 대전고등법원 2020.12.03 2019누13204

장기요양급여비용 환수결정 처분취소

Text

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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal of part of the grounds of the judgment of the court of first instance as stated in the following paragraph (2). Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. The fourth 9-10 parallels in the part added or dried shall be carried out as follows:

[Attachment 9] The Enforcement Rules of the Welfare of Older Persons Act [Attachment 9] allows concurrent offices of the elderly welfare facilities in accordance with the following conditions: “where various welfare facilities for older persons are provided at one welfare facility for older persons at one welfare facility for older persons” and “where the facilities that provide welfare services for older persons at home are installed at social welfare facilities”; however, there is no provision that allows concurrent offices between different legal grounds and character as in this case.

In [Attachment 9] of the Enforcement Rule of the Welfare of Older Persons Act, the head of the facility shall be a person who works for a full-time (referring to work for not less than eight hours a day and not less than 20 days a month). The fourth 11-12 of the Act shall be carried out as follows. (C) The manual for establishing a concurrent office for long-term care institutions (Evidence 1) published by the Defendant stating that “social welfare facilities” is one of the annex types for which a long-term care institution or a human resources may concurrently work for a long-term care institution and that “the institution providing the elderly care comprehensive service is not a social service institution,” and the Defendant also made it clear that the concurrent office of this case is not allowed. Article 24 of the “The third 3rd 6th 6th 1st ....”

Part 3 at the bottom of the fifth shall be dried as follows: