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(영문) 부산지방법원 2016.04.28 2015구합22210
장기요양급여비용 환수처분 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. On March 7, 2011, the Plaintiff established a “B Elderly Health Center” (hereinafter “Plaintiff Center”) which is a medical welfare facility for the aged on March 7, 201, and has been designated as a long-term care institution and operated until now.

The defendant is a non-profit special public corporation that manages and operates the long-term care insurance business managed by the Minister of Health and Welfare pursuant to Article 7 of the Long-Term Care Insurance Act

B. The Defendant: (a) conducted a joint on-site investigation into the details of long-term care benefits for four days from March 23, 2015 to March 26, 2015; (b) C, D, E (C) on August 24, 2009; and D on February 12, 2010; (c) on the premise that the Plaintiff’s duty was substantially performed by the inspector; (d) on the basis that the Plaintiff’s duty was performed by at least 15 percent during the period from February 23, 2015 to March 26, 2015; and (d) on the ground that the Plaintiff’s duty was performed by at least 14 percent during the period from February 24, 2012 to January 24, 2015; and (e) on the premise that the ratio of the Plaintiff’s duty was less than 15 percent during the period from February 11, 2010 to 20 percent of working hours.

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