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(영문) 서울행정법원 2015.10.29 2015구합65759
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff of the instant disposition is operating 1 points, 2 points, 3 points, 5 points, and 6 points (one of 1 points is referred to as the "instant medical care institution"), which are long-term care institutions under the Act on Long-Term Care Insurance for the Aged, and each of 2 centers is the same building.

The Defendant, jointly with the National Health Insurance Corporation, conducted a field investigation on the instant medical care institution from March 23, 2015 to March 26, 2015.

(2) On May 2, 2015, the Defendant issued a disposition to suspend the business of the instant medical care institution for 84 days (from June 22, 2015 to September 13, 2015) pursuant to Article 37(1)4 of the Long-Term Care Insurance Act, on the ground that the Plaintiff unduly claimed expenses for long-term care benefits of KRW 19,278,510 in violation of the criteria for the assignment of human resources and the criteria for additional assignment of human resources as follows (i.e., violation of the criteria for the assignment of human resources).

(2) On February 1, 2014, May 2014, and July 2014, the Plaintiff violated the standards for the placement of additional human resources (hereinafter “instant disposition”). The Plaintiff reported that the instant medical care institution and B Center 2, 3, 5, and 6 were engaged in cleaning and facility management for less than 80 hours a month, while the actual working hours are less than 160 hours a month, and filed an unfair claim for expenses for long-term care benefits. - On February 2, 2014, the Plaintiff violated the standards for the placement of additional human resources (hereinafter “instant disposition”). From March 2014 to June 2014, the Plaintiff alleged that the Plaintiff violated the criteria for the placement of additional human resources (hereinafter “C Center”)’s two points, three points, five points, five point, and six points, and the Plaintiff’s argument that the Plaintiff was lawful, five point 16,000 hours a month or more, and the Plaintiff’s argument that the instant disposition was legitimate and without the grounds for the Plaintiff’s argument.

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