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(영문) 서울고등법원 2016.01.21 2015누38711
장기요양급여비용환수처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s expenses for long-term care benefits amounting to KRW 351,523,110,00 for the Plaintiff on May 30, 2014.

Reasons

The court's explanation on this part of the particulars of the restitution disposition of this case is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The court's explanation on this part of the Plaintiff's assertion as to the legitimacy of the restitution disposition of this case is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420

The details of the relevant statutes are as shown in the attached statutes.

The court's explanation of this part on the existence of procedural defect is identical to the part on "the existence of procedural defect" under Articles 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the grounds for this part of the judgment of the court of first instance are the same as the part on "the existence of procedural defect" under Articles 6 through 18 of the judgment of the court of first instance. Whether two caregivers participate in the body cleaning period (the legislative purpose of the Act on Long-Term Care Insurance for the Aged of the Aged, which is to determine the existence of substantive defect) (the legislative purpose of the Act on Long-Term Care for the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the Aged of the improvement of their health and stability, and to reduce their family burden, it is necessary to secure the financial soundness of the long-term care insurance policy to provide more beneficiaries with stable long-term care benefits. In full view of the public interest need to prevent excessive disbursement of beneficiaries' co-payment costs.

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