1. The plaintiff's claim is dismissed.

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

From March 16, 2009, the Plaintiff operated “B”, which is a long-term care institution for long-term care (hereinafter “instant medical care institution”), under the Long-Term Care Insurance Act for Long-Term Care from March 16, 209, and closed the instant disposition on October 5, 2014.

The Defendant, from November 18, 2013 to October 20, 2013, conducted a field investigation on the details of long-term care benefits from June 2013 to October 2013 against the instant medical care institution, and determined that, in violation of the general principle of home visit benefits, the Plaintiff admitted the F school meeting operated by the spouse of a recipient C and D, with three to four foreign care workers, and provided long-term care benefits (on-the-spot visit care, visit bathing) to the F school meeting operated by the spouse of a caregiver E, and then unduly claimed for reimbursement costs of KRW 4,641,290.

Accordingly, on January 6, 2014, the Defendant notified the Plaintiff of the decision that the Plaintiff would recover the expenses for long-term care benefits that the Plaintiff received unfairly as above.

(2) The Plaintiff asserted that the disposition of this case was unlawful on the ground that the Defendant violated the general principle of home visit benefit as pointed out in the ground for the disposition of this case, since the Plaintiff did not violate the general principle of home visit benefit as stated in the ground for disposition of this case, the Plaintiff asserted that the disposition of this case was unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

㈎ 노인장기요양보험법 제43조 제1항 제3호에서는 장기요양급여비용을 받은 자가 거짓이나 그 밖의 부정한 방법으로 재가 및 시설 급여비용을 청구하여 이를 지급받는 경우 장기요양급여비용에 상당하는 비용을 징수하도록 규정하고 있다.

In such cases, where a medical care institution has received expenses for home care or institutional care benefits by fraud or other improper means, it is not necessary for it to submit false data or actively conceal facts in order to receive medical care benefit costs, but it may be paid as medical care benefit costs in accordance with relevant statutes.