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(영문) 제주지방법원 2018.03.28 2016구합784
장기요양급여비용환수처분취소
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 operating the C Care Center on the second and second floor of Jeju City (hereinafter “instant medical care institution”).

B. From August 31, 2015 to September 3, 2015, Jeju Mayor conducted a field investigation on the claim details, etc. of medical care benefit costs from August 31, 2012 to July 2015 against the instant medical care institution.

(hereinafter “instant on-site investigation”). C.

On October 22, 2015 based on the results of the instant on the instant on-site investigation, the Defendant rendered a decision to recover KRW 47,846,620, out of the expenses for long-term care benefits paid to the instant medical care institution pursuant to Article 43 of the Long-Term Care Insurance Act on the ground that “the Plaintiff, on the grounds of the increase in the number of days of visit care and bathing service,” “the Plaintiff,” claiming for the extension of the number of days of visit care and bathing service, violation of the principle of home visit benefit, claim without reduction of the subscription period, and claim for service

Of the above money, D and E provide the recipient F and G with bathing service from October 201 to December 2013, 201, while only two caregivers were provided with bathing service, in violation of this provision, D are only the recipient F, and only the caregiver E was provided with bathing service to G, and the Plaintiff stated at the warden as KRW 23,326,840 on the ground that the Plaintiff provided bathing service to G. However, the aforementioned amount includes KRW 40,830 on the caregiver H, which is the part not disputed by the Plaintiff. Accordingly, the part concerning D and E concerning the Plaintiff’s caregiver, which is claimed by the Plaintiff, is KRW 23,286,010.

is:

(hereinafter referred to as the “instant disposition”) Of the above restitution decision, the restitution decision on KRW 23,286,010 was rendered (hereinafter referred to as the “instant disposition”). 【No dispute exists, Gap evidence 2, Eul evidence 1, 5, 7, and 9 respectively, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion D and E are always carried out.

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