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(영문) 서울고등법원 2018.10.16 2017누72883
장기요양급여비용 환수결정 처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff at Pyeongtaek-si S, a long-term care institution for older persons under the Long-Term Care for Older Persons Act, refers to a medical welfare facility for older persons under the Welfare of Older Persons Act for the purpose of providing the elderly with housing conditions, meals, medical care and other conveniences necessary for daily life, such as home (Article 34(1)2 of the Welfare of Older Persons Act) and the main night protection center at the Jeju-si, the main night protection center for older persons, who are mentally or physically weak and disabled who are unable to be protected by their families due to unavoidable reasons, and disabled persons, with various conveniences necessary for their livelihood stability and maintenance and improvement of their physical and mental functions, and with the aim of providing them with the services to relieve their physical and mental burdens burden on their families (Article 38(1)2 of the Welfare of Older Persons Act for the purpose of providing them with the physical and mental burden on their families (Article 38(1)2 of the Welfare of Older Persons Act).

B. From July 25, 2016 to July 28, 2016, the head of Pyeongtaek-si: (a) conduct an on-site investigation with respect to each of the instant medical care institutions (the period subject to investigation: from August 25, 2014 to June 2016, the facility care institution of the instant case; and (b) conduct the on-site investigation with respect to the instant facility protection institution from November 2014 to June 2016; hereinafter “instant on-site investigation”); and (c) as a result, the following beneficiaries registered as beneficiaries of the on-site protection institution of the instant case (hereinafter collectively referred to as “the instant recipients”), were actually lodging at the facility care institution of the instant case; and accordingly, (d) the facility care institution of the instant case exceeds the criteria for placement of human resources, maximum number of personnel, and maximum number of beneficiaries.

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