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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
From August 19, 2013, the Plaintiff, a long-term care institution for the Long-Term Care Insurance for the Aged of Busan, a long-term care institution for the Long-Term Care of the Aged (hereinafter “instant medical care institution”), provides night protection and visiting medical care while operating the “short-time visit medical care institution” located in 21 (Returned Dong).
From February 15, 2016 to February 18, 2016, the Defendant and the head of the Busan Metropolitan Government Shipping Unit conducted a field investigation on the details of long-term care benefits of the instant medical care institution from March 15, 2014 to December 12, 2015.
As a result of the above on-site investigation, the Defendant confirmed the fact that the Plaintiff did not purchase a specialized liability insurance policy from September 1, 2014 to December 31, 2015 when providing the instant medical care institution with night care, etc., on the premise that the Plaintiff purchased a specialized liability insurance policy, and provided the Defendant with a claim for expenses for long-term care benefits on the premise that he/she purchased the insurance policy. On April 28, 2016, the Defendant notified the Plaintiff that he/she decided to recover the amount of KRW 5,73,900 paid excessive medical care benefit costs pursuant to Article 43 of the Act on Long-Term Care Insurance for the Aged
(2) On July 18, 2014, the Plaintiff asked the Korea Social Welfare Mutual Aid Association to subscribe for a liability insurance policy, which is a professional in a long-term care institution, and subscribed for a comprehensive social welfare facility mutual aid upon the recommendation of the staff in charge, as well as upon the recommendation of the staff in charge.
The certificate of subscription to the above mutual aid is written in detail, and the plaintiff was aware of it as a professional liability insurance, and when claiming expenses for long-term care benefits to the defendant, the name of the above mutual aid and the insurance policy number (contract number) were stated, but there was no problem from the defendant, and the plaintiff did not provide the above mutual aid.