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(영문) 부산지방법원 2019.05.10 2018구합24866
장기요양급여비용환수결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On May 12, 2005, the Plaintiff is a sanatorium for older persons under the Welfare of Older Persons Act and a long-term care institution under the Long-term Care Insurance for Older Persons Act established for the purpose of establishing and operating a sanatorium for older persons, and has established and operated “C” and “E” (hereinafter “instant medical care center”).

With respect to C from October 5, 2015 to October 9, 2015, upon receiving human resources support from the Defendant, the Seo-gu Busan Metropolitan Government Office for the Plaintiff of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of Busan Metropolitan City conducted a field investigation on the period from August 5, 2015 to October 9, 2014 (which is extended from August 201 to March 2014), from April 2015 to August 2015, and from April 2015 to August 2015, 2015 to the instant medical personnel support.

(hereinafter “instant on-site investigation”. As a result of the instant on-site investigation, the Plaintiff confirmed that the Plaintiff did not meet the criteria for placement of human resources, such as caregivers and sanitarians, in violation of Article 37(1)4 of the Act on Long-Term Care Insurance for the Aged, but did not claim for additional medical care benefits, and that the Plaintiff received additional medical care benefits by claiming additional medical care benefits even though it could not

Based on the Defendant’s prior disposition and the result of the instant on-site investigation, on December 14, 2016, the Defendant rendered the Plaintiff a disposition to collect expenses for long-term care benefits of KRW 127,428,320 regarding C on the ground of the Plaintiff’s violation of the standards for placement of human resources, such as the attached Table 1 “the details of prior disposition” and the attached Table 1, and a disposition to collect expenses for long-term care benefits of KRW 265,713,490 on the instant medical care center (hereinafter the foregoing collection disposition referred to as “instant prior disposition”).

The Plaintiff filed an objection on February 15, 2017, which was dissatisfied with the instant preceding disposition, but was dismissed. The Plaintiff filed an administrative appeal again, but was dismissed on October 16, 2017.

On December 11, 2017, the Plaintiff is the Busan District Court against the Defendant.

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