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Reasons
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(영문) 서울행정법원 2019.03.21 2018구합58592
장기요양급여비용환수결정 취소
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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 social welfare foundation that operates the C Medical Care Center “C” (hereinafter “C Medical Care Center”) in the eternic City B.

The medical care center of this case is designated as a medical care center for older persons under Article 34 of the Welfare of Older Persons Act for Long-Term Care Insurance for Older Persons pursuant to Article 31(1) of the Act.

1. Amount of unfair claims: 75,779,360 won;

2. A claim for violation of standards for placement of human resources (G16): During the period operated by an admission facility of KRW 27,249,280, in violation of the standards for placement of human resources under Articles 23 and 24 of the Enforcement Rule of the Long-Term Care Insurance Act for Long-Term Care Insurance for Older Persons, the expenses for benefits in the relevant month shall be calculated according to the ratio

b. However, the Health Institute D applied the additional placement of human resources to all beneficiaries of the pertinent month, although it did not apply the additional placement of human resources to the Health Institute during the pertinent month, (i) an institution subject to the application of excess of the prescribed number of human resources, (ii) an institution in violation of the standards for placement of human resources, (iii) an institution subject to the application of the additional placement of human resources, (iv) an institution subject to the application of the additional placement of human resources, (iv) an Health Institute registered it as a Sanitation Institute and reported it as if it performed its duties, and (iv) a person claimed 10% of expenses for the additional placement of human resources without reduction (G17): 48,530,080, and (iv) an institution in violation of the standards for placement of human resources, and (iv) an institution subject to the application of the liability insurance for professionals, (v) an additional placement of human resources to the Health Institute, and (v) an additional placement of human resources from September 1, 2016 to December 31, 2017.

B. From June 19, 2017 to June 23, 2017, the Defendant shall be from June 19, 2017.

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