logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2021.01.07 2020누32076
장기요양급여비용환수결정 취소
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 the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following dismissal or addition. Thus, the grounds for the appeal by the plaintiff are as follows: Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (other grounds for the appeal by the plaintiff are not significantly different from the contents asserted by the plaintiff in the first instance court, and even if all the evidence submitted by the first instance court and this court are examined, it is legitimate to recognize and determine the facts of first instance that rejected the plaintiff's claim). [Additional part] The part to be added] The former Elderly Long-Term Care Insurance Act (Amended by Act No. 16369, Apr. 23, 2019; Act No. 15558, Dec. 18, 2018; Act No. 15094, Apr. 18, 201). “former Elderly Medical Care Act”

The following shall be added to the 10th sentence of the first instance judgment and the 4th sentence below:

“C) The Plaintiff asserts that Article 32(1) of the instant notice does not impose all of the expenses for benefits when protecting recipients for at least 24 hours, and that the Plaintiff’s failure to impose all of the expenses for weekly and night protection benefits provided to the recipients is unconstitutional or unlawful even if considering the legislative purpose to achieve such purpose, the Plaintiff’s assertion to the effect that it is invalid as it is unconstitutional or unlawful because it loses the suitability of the means, even if considering the legislative purpose to achieve the aforementioned purpose.

It is characterized that the payment of long-term care benefits is to compensate for the expenses for benefits provided to the recipient by a long-term care institution.

On the other hand, the long-term care insurance is one of the public social insurance systems, regardless of income level, which forces the people to buy long-term care insurance and forms financial resources based on the insurance premiums collected from the people.

In addition, the State and local governments shall support and bear a certain amount of money to the Corporation.

b)in addition,

arrow