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(영문) 대구지방법원 2016.06.03 2015구합22006
업무정지처분취소
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 is a person who operates a “Cmedical care center” (hereinafter “instant medical care institution”) under the Act on Long-Term Care Insurance for the Aged in the case of permanent residence.

- Violation of criteria for placement of human resources (No. 2, No. 1) of the instant violation (the number of hours of service) - A caregiver, who actually worked on May 28, 2014, prepares a false record of attendance, etc. and reports on the increase of working hours from May 16, 2014. Violation of criteria for placement of human resources (other than personal duties) - B caregiver E takes exclusive charge of cooking duties in a cooking room from the date of entry (not later than December 2013) to November 2014. - On December 2014, 2014, caregiver E takes exclusive charge of cooking duties at a cooking room at least four times a month in shifts, namely, caregiver, H, D, and E, etc.; - On January 2015, a caregiver takes exclusive charge of cooking duties.

On March 9 through March 12, 2015, the National Health Insurance Corporation (hereinafter “Corporation”) and the Defendant confirmed the fact that the Plaintiff violated the criteria for placement of human resources in a long-term care institution during the period from December to January 14, 2015, but instead claimed expenses for long-term care benefits of KRW 45,111,590 (hereinafter “instant violation”).

C. Accordingly, on March 18, 2015, the Corporation notified the Plaintiff on the ground that the instant violation was committed, that the Plaintiff would recover KRW 45,11,590 for expenses incurred in providing illegal receipt of benefits pursuant to Articles 43(1)3 and 37(1)4 of the Act on Long-Term Care Insurance for the Aged.

On April 6, 2015, the Defendant: (a) on the ground of the instant violation (claiming Violation of Standards for Placement of Human Resources) against the Plaintiff; (b) pursuant to Article 37(1)4 and (6) of the Long-Term Care Insurance Act; and Article 29 [Attachment 2] of the Enforcement Rule of the same Act, on May 4, 2015, the business suspension of the instant medical care institution:

8. 23. A disposition was made (hereinafter “instant disposition”).

E. The Plaintiff is dissatisfied with the instant disposition.

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