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(영문) 제주지방법원 2020.07.21 2019구합5803
업무정지처분취소
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. From August 5, 2015 to Jeju-si, the Plaintiffs are jointly operating as co-representatives by annexing D Centers, which are long-term care institutions for long-term care in the Long-term Care Insurance for the Aged (hereinafter “instant medical care institutions”) and E-Medical Care Centers, which are social welfare facilities.

The defendant and the National Health Insurance Corporation shall each year from August 30, 2015 to the same year.

9.2. From August 2015 to July 2016, the following violations were confirmed as a result of an on-site investigation on the details of benefits conducted by the instant medical care institution and E-Medical Care Institute.

F registered as a cook of the instant medical care institution from December 2015 to December 2015; G from September 2015 to November 2015; H, from January 2016 to July 2016, and from January 2016 to July 2016, when calculating only the period of work as a cook of the instant medical care institution, the medical care institution and the E-Medical Care Center jointly holds a concurrent office. Of these, when calculating only the period of work as a cook of the instant medical care institution, the Plaintiff is unable to receive additional pay due to additional placement of human resources, even though the said amount of additional placement is short of the monthly working hours as prescribed by the relevant statutes. However, the Plaintiffs received additional placement pay, care benefits, and additional placement allowances for drivers, drivers, and drivers.

The National Health Insurance Corporation, in operating the instant health care institution, unfairly received expenses for long-term care benefits in total amount of KRW 26,319,270 in violation of the guidelines for additional placement of human resources. On September 13, 2016, the National Health Insurance Corporation sent a notice of scheduled recovery to the Plaintiffs on September 24, 2016 upon receipt of the Plaintiffs’ submission of opinions on the aforementioned scheduled recovery notice, sent a written response to the Plaintiffs on October 24, 2016, and sent the written response to the Plaintiffs on December 19, 2016, to the Plaintiffs on December 19, 2016, pursuant to Article 43 of the former Act on Long-Term Care Insurance for the Aged (amended by Act No. 15881, Dec. 11, 2018; hereinafter the same).

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