logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.02.08 2016구합69505
장기요양급여비용환수처분취소
Text

1. On July 8, 2016, the Defendant’s disposition to recover expenses for long-term care benefits rendered to the Plaintiff is revoked.

Reasons

The details and details of the disposition are as follows: (a) the Welfare Center for the Aged (hereinafter “instant medical care institution”) designated as a home care institution from August 21, 2009 to Songpa-gu Seoul and 2010.

The head of Songpa-gu and the Defendant conducted a field investigation on long-term care benefits, etc. of the instant medical care institution (hereinafter “instant field investigation”) by setting the period subject to investigation from March 21, 2016 to March 25, 2016 as “from October 2013 to December 2015”.

On July 8, 2016, the Defendant issued a redemption disposition of KRW 58,091,370 of the cost of long-term care benefits (hereinafter “instant disposition”) to the Plaintiff based on Article 43 of the Long-Term Care Insurance Act for the following reasons.

① In relation to visiting medical care benefits, the Plaintiff claimed expenses for long-term care benefits by increasing the number of days and number of times of the provision of the visiting medical care benefits as the Plaintiff provided the beneficiary E from September 2015 to January 2016 to the beneficiary only from September 2015 to January 2016.

On June 30, 2015 and July 30, 2015, when the caregiver F did not provide the beneficiary G with visiting medical care benefits, the Plaintiff claimed the cost of long-term care benefits by increasing the number of days and the number of times of paying benefits as the caregiver F provided the beneficiary G with visiting medical care benefits on the pertinent day.

The Plaintiff received the payment of KRW 1,208,00 for the relevant long-term care benefit by unfairly claiming the Defendant as above.

(A) If an employee of the Korea War’s long-term care institution fails to purchase a “specialized liability insurance policy” that compensates the beneficiary’s injury, etc. that may arise in the course of providing long-term care benefits, the cost of long-term care benefits should be calculated and claimed to reduce the cost of long-term care benefits.

Some caregivers belonging to the instant medical care institution are as follows. From October 14, 2013, as follows:

arrow