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(영문) 서울행정법원 2018.10.04 2017구합69816
장기요양급여비용환수처분 취소
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 established and operated the “C” (hereinafter “C”) which is a sanatorium for older persons in the Chungcheongnam-gun budget group B.

B. From February 21, 2017 to December 24, 2017, the Minister of Health and Welfare conducted an on-site investigation of the instant sanatoriums by setting the period subject to investigation as “from December 21, 2014 to December 2016”.

C. On June 26, 2017 based on the results of the above on-site investigation, the Defendant issued a disposition to recover KRW 136,929,100,00 for the expenses for long-term care benefits claimed in accordance with Article 43 of the Act on Long-Term Care Insurance for the following reasons:

(2) Although the head of the relevant facility was unable to receive additional placement of human resources for a period of time due to a violation of the criteria for placement of human resources by failing to work full-time as the head of the relevant facility for the collection of the details of the grounds for disposition (the grounds for disposition No. 1) and the violation of the criteria for placement of human resources, E, who worked at the instant sanatorium, violated the criteria for additional placement of human resources by filing a false report with the head of the relevant facility, was paid for the additional placement of human resources for a period of time. From June 10 to July 26, 2015; from July 1 to 14, 2015 to May 25, 2016 to the date of the same month, E, who had worked at the instant sanatorium, did not have worked as a caregiver for a period of time from May 19 to 25, 2016 to the date of the same month; (2) the additional placement of human resources was reported as the actual working hours of the relevant month; and (36) additional placement of human resources for the same month.

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