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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are operating a long-term care institution under the name of “Dental Care Center” in the Gu of Ansan-si (hereinafter “instant medical care institution”).
B. From February 24, 2015 to February 27, 2015, the Defendant conducted a field investigation on the details of long-term care benefits provided from June 2012 to February 27, 2015 with respect to the instant medical care center. As a result, the Plaintiffs were found to have violated each of the instant violations (hereinafter “instant violation”), as stated in the grounds for disposition in the attached Table from January 24, 2013 to December 2014.
C. On November 12, 2015, the Defendant rendered a disposition to suspend business for 76 days pursuant to Article 37(1)4 of the former Act on Long-Term Care Insurance for the Aged and attached Table 29 of the Enforcement Rule of the same Act (hereinafter “instant disposition”). On October 2015, the National Health Insurance Corporation issued a disposition to recover KRW 228,229,70 from the Plaintiffs pursuant to Article 43 of the Act on Long-Term Care Insurance for the Aged around October 2015.
The Plaintiffs filed a lawsuit against the National Health Insurance Corporation to revoke the disposition of revoking the refund of medical care benefit costs in Seoul Administrative Court 2015Guhap9476. However, on June 14, 2018, the Plaintiffs filed an appeal by being sentenced to the judgment of dismissing the claim.
E. Meanwhile, Plaintiff A was indicted for committing a crime of violation of the Act on Long-Term Care Insurance for Older Persons and Act on Long-Term Care for Older Persons, including violation of the maximum number of personnel standards, violation of the standards for placement of additional placement of human resources, and violation of the standards for additional placement of human resources among the instant violations. On January 15, 2016, Plaintiff A was sentenced to three years of suspension of execution (2015Da1746) and filed an appeal with the Suwon District Court on February 15, 2016. However, Plaintiff A was dismissed on January 24, 2018.