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(영문) 부산고등법원(창원) 2017.06.28 2016누11455
업무정지등처분취소
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a non-profit corporation that operates the Mayang Forest Welfare Center for the Aged in Mayang, a long-term care institution that provides home care benefits.

B. From February 2, 2015 to February 5, 2015, the Defendants discovered the following violations upon a long-term care institution’s on-site investigation of a long-term care institution for the welfare center for the elderly in the forest cultivated (the period subject to investigation: from January 2, 2014 to December 2, 2014).

1. A caregiver who claims an increase in the number of hours for providing medical care benefits to the beneficiary B: (a) 120/120 from January 2014 to June 2014; and (b) 3,909,680 won shall be calculated by calculating the number of days from January 1, 2014 to December 2014 to June 2, 2014 to the beneficiary F; and (c) 3,909,680 won by calculating the number of days from January 5, 2014 to April 2014 to the beneficiary D; and (b) 3,909,680 won by calculating the number of days for providing medical care benefits to the beneficiary B, notwithstanding the provision of each visiting medical care benefit.

2. Unlike the benefits actually provided, a beneficiary G is entitled to receive 2,261,400 won by claiming that one, not a family member, was provided with visiting medical care benefits from H, a family caregiver from January 2014 to July 2014, and received 2,261,40 won by claiming that one, not a family member, was provided with visiting medical care benefits.

3. Since K as a caregiver who violated the standards for purchasing liability insurance, did not purchase a liability insurance policy from August 5, 2014 to August 12, 2014, he/she claimed 35,380 won by claiming for reimbursement of expenses for benefits, even though he/she did not reduce the amount of reimbursement.

4. The hours for providing emotional support services in violation of the standards for emotional support services shall be calculated within a maximum of 60 minutes per visit. From January 2014 to December 2014, the hours for providing emotional support services to beneficiaries L as emotional support services; the time for providing emotional support services for both visits to beneficiaries L; the time for providing emotional support services for the recipients from January 27, 2014 to May 27, 2014; the caregiverO from May 29 to 31, 2014 to the recipients P; the emotional support services for 120 minutes, 80 minutes, 120 minutes, 120 minutes, and 120 minutes for each recipient on August 14, 2014; and the caregiver K on February 17, 2014 to the recipients, respectively.

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