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(영문) 수원고등법원 2019.08.21 2019누10883
장기요양급여비환수처분취소
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 reasoning of the judgment of the court of first instance citing the allegation added or emphasized by the plaintiff in this court is as stated in the judgment of the court of first instance, except for the following determination as to the assertion added or emphasized by the court of first instance. Thus, it is acceptable to accept it as it is in accordance with Article 8(2)

2. Judgment on the assertion that the plaintiff added or emphasized in this court

A. As to the assertion that prior notice was violated in the field investigation, the plaintiff asserted that the defendant violated the prior notice procedure in the field investigation and conducted a field investigation without notifying the medical care center of relevant documents, such as a site inspection report, etc. seven days prior to the commencement of the field investigation, and that the disposition in this case is procedural error in violation

According to Article 17 (1) of the Framework Act on Administrative Investigations, the head of an administrative agency who intends to conduct an administrative investigation shall notify the person subject to investigation of a written report on site access, etc. pursuant to Articles 9 through 11 of the same Act by no later than seven days before the commencement of the investigation: Provided, That if it is deemed that the purpose of the administrative investigation cannot be achieved because of destruction of evidence, etc. when giving prior notice of the relevant matters before the administrative investigation, he/she may present the report on site access, etc.

( short) In the instant case, there is no dispute between the parties that the Defendant did not notify the site access investigation report, etc. seven days prior to the site investigation of the instant medical center, but the following facts or circumstances, namely, ① the data submitted by the institution of long-term care and the data submitted by the institution of long-term care depending on the statements of related persons, are prepared after the fact that such notice is given in advance.

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