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(영문) 서울행정법원 2017.01.12 2016구합51146
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details and details of the disposition;

A. The Plaintiff is operating “B” (hereinafter “instant medical care center”) under the Act on Long-Term Care Insurance for the Aged, which is a long-term care institution for the Long-Term Care of the Aged.

B. From April 6, 2015 to April 9, 2015, the National Health Insurance Corporation (hereinafter “Corporation”) and the Defendant conducted a field investigation on the details of long-term care benefits from January 6, 2014 to February 2, 2015, and determined as follows.

1. 2,103,070 won for a violation of the standards for additional placement of human resources due to a ground for disposition (the addition of an assistant) 2,103,070 won for a violation of the standards for additional placement of human resources due to a ground for disposition (the addition of an assistant)

C. On June 19, 2015, the NHIS notified the Plaintiff of the content that “The Plaintiff shall recover KRW 4,190,1790,000,00,000,000 for long-term care benefits paid excessively due to the Plaintiff’s unfair or erroneous claim pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter “former Long-Term Care Insurance Act”).”

On July 30, 2015, the Defendant issued to the Plaintiff a disposition of “20 days of business suspension” pursuant to Article 37(1)4 of the former Act on Long-Term Care Insurance for the Aged.

(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Gap 1-3 evidence, Eul 1-7, and 26 evidence, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The Plaintiff did not have a reason for disposition and received expenses for long-term care benefits from the NHIS by fraud or other improper means.

B. Details on the criteria for the provision of long-term care benefits and the calculation method of expenses for long-term care benefits, the criteria for the provision of long-term care benefits and the calculation method of expenses for benefits, which are the basis of the disposition of the instant case in violation of relevant statutes, ① the calculation of additional placement of human resources based on working

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