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(영문) 대구지방법원 2019.01.23 2018구합23949
장기요양급여비용 환수처분 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is operating the “C Care Center”, a long-term care institution under the Act on Long-Term Care Insurance for the Aged in the Gu/Si/Gu (hereinafter “instant medical care center”).

B. From September 25, 2018 to 28 of that month, the former and the U.S. Mayor conducted an on-site investigation of the instant medical care center.

As a result of the survey, it was confirmed that the Plaintiff received the cost of long-term care benefits unfairly as follows.

1. Violation of the guidelines for subscription to specialized indemnity insurance - Liability insurance for all beneficiaries in accordance with relevant statutes, and where a beneficiary fails to subscribe to such insurance, the expenses for long-term care benefits shall be subtracted during the relevant period;

- Nevertheless, the Plaintiff received expenses for long-term care benefits from May 9, 2016 to July 10, 2017 by unfairly claiming the cost of long-term care benefits.

2. Violation of criteria for additional placement of human resources - An institution to which the calculation of reduction is applied pursuant to relevant Acts and subordinate statutes may not be subject to the application of the addition of expenses for long-term care benefits during

- Nevertheless, the Plaintiff applied additional placement to the cost of long-term care benefits on January 2017 when the cost of long-term care benefits should be reduced due to the non-purchasing of liability insurance for professionals.

3. Violation of additional standards for strengthening the placement of employees at night - An institution to which the calculation of reduction is applied pursuant to the relevant Acts and subordinate statutes may not apply the addition of expenses for long-term care benefits during the relevant month.

- Nevertheless, on February 2017, the Plaintiff added the strengthening of the placement of employees at night to the cost of long-term care benefits for which the cost of long-term care benefits should be reduced due to the non-purchasing of liability insurance for professionals.

C. Accordingly, the Defendant paid to the instant medical care center pursuant to Article 43 of the Long-Term Care Insurance Act (amended by Act No. 14321, Jun. 3, 2017; hereinafter the same shall apply) for the Plaintiff on December 17, 2017.

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