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(영문) 서울행정법원 2018.06.14 2017구합72072
요양급여비용 환수처분 취소 청구의 소
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, together with wife B, jointly established and operated the “D Care Center” (hereinafter “instant medical care center”) which is a long-term care institution under the Act on Long-Term Care Insurance for the Aged from 3 to 5 floors.

B. From February 6, 2017 to the 10th day of the same month, Busan City conducted an on-site investigation of the instant medical care center (the period subject to investigation: January 6, 2014 to December 2016; hereinafter “instant on-site investigation”) with the Defendant, and as a result, determined that the Plaintiff received the cost of long-term care benefits unfairly as follows.

1. A request for violation of the criteria for placement of human resources within the period subject to investigation: 8,624,250 - A request for the reduction of expenses for long-term care benefits not for the period of February 2014, in which a ground for violation of the criteria for placement of human resources for caregivers occurred, due to a false registration by lowering the monthly working hours from November 2013 to October 2014 (total 12 months) - A physical clinic G was registered as working for the period from October 2014 to November 2014 (total 2 months), but meets the criteria for placement of human resources for long-term care benefits from April 2016 to April 7, 2016 (total 4 months), but the criteria for placement of human resources for other medical care institutions for the period from October 2016 to April 7, 2016 to 106, without filing a request for the reduction of the criteria for placement of human resources for long-term care benefits.

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