1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff is operating Cmedical Care Center (hereinafter “instant medical care center”) and D Protection Center (hereinafter “instant protection center”), which is a long-term care institution under Article 31 of the former Long-Term Care Insurance Act (amended by Act No. 15881, Dec. 11, 2018; hereinafter “former Act”) in Hanam-si, Hanam-si.

On May 17, 2018, the Defendant rendered a decision to recover the amount from the Plaintiff pursuant to Article 43 of the former Act on the grounds that the Plaintiff unduly claimed and received KRW 49,435,910 for expenses for long-term care benefits as follows:

(hereinafter “instant disposition”). 1. relation to the instant medical care center (H13, H15, total of 40,875,980 won)

(a) A request for a violation of standards for placement of human resources (H13, total 40,109,340 won) (1) E was registered as a social worker of the instant medical care center from September 2, 2016 to February 2, 2017 but served as such, and thus, there is a vacancy in the workforce of a social worker from September 2016 to January 2017.

Although the above vacancy for human resources occurred, each claim for expenses for benefits was made for 40,109,340 won unfairly.

B. A claim for violation of the criteria for additional placement of human resources (H15, total of 766,640)

(1) On January 2017, in violation of the criteria for placement of human resources of social workers, the amount of expenses equivalent to KRW 766,640 was unfairly paid after filing a claim for the addition of night employees assignment and the provision of customized services.

2. H13, H15, relating to the instant protection center.