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(영문) 서울행정법원 2017.01.12 2016구합66506
장기요양급여비용 환수 결정처분 취소청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The details and details of the disposition are as follows: (a) from March 6, 2013 to March 31, 2015, the Plaintiffs jointly operated the “Cmedical care center” (hereinafter “instant medical care center”); and (b) from April 2015 to April 31, 2015, Plaintiff B independently operated the instant medical care center.

From October 26, 2015 to November 2, 2015, the Macheon City: (a) conducted a field investigation on the details of long-term care benefits of the instant medical care center from March 6, 2013 to September 2, 2015; and (b) determined as shown in attached Table 1.

On December 15, 2015, pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same), the Defendant notified the Plaintiffs of the purport that “The Defendant shall recover KRW 219,93,790, the aggregate of the expenses for long-term care benefits paid excessively due to the Plaintiff’s unfair claim by the Plaintiff A, and KRW 20,386,70, respectively, of the expenses for long-term care benefits paid excessively due to the Plaintiff’s unfair claim by the Plaintiff B.”

(hereinafter referred to as “instant disposition”). [This case’s disposition” is amended by the Ministry of Health and Welfare Notice No. 2012-162, Dec. 18, 2012; the Ministry of Health and Welfare Notice No. 2013-160, Oct. 16, 2013; and the Ministry of Health and Welfare Notice No. 2013-160, Oct. 16, 2013;

The Ministry of Health and Welfare published on June 26, 2014 pursuant to Article 201-97 of the Ministry of Health and Welfare’s announcement on the standards for provision of long-term care benefits and methods for calculating expenses for benefits;

(B) The details of the criteria for calculating expenses for long-term care benefits, etc. (hereinafter collectively referred to as the “instant notice”), were amended by the National Health Insurance Corporation Notice No. 201-254 on December 20, 201, as amended by the National Health Insurance Corporation Notice No. 2013-93 on April 12, 2013, the amendment by the National Health Insurance Corporation Notice No. 2013-244 on October 31, 2013, the amendment by the National Health Insurance Corporation Notice No. 2013-271 on December 17, 2013, and the amendment by the National Health Insurance Corporation Notice No. 201

(b) Standards for providing long-term care benefits;

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