logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2018.07.12 2017누4146
장기요양급여비용 환수결정 취소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant limited to the plaintiff on February 5, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is a legal entity established to implement welfare projects for the elderly, and operates C Care Center (hereinafter “C Care Center”) in Kim Jong-si, Kim Jong-si.

B. On October 2009, J was admitted to the Medical Care Center for the instant case that was admitted to the instant medical care center for the period of October 2015, and K was admitted to the instant medical care center for the period of October 8, 2015, and was up to October 8, 2015 by having been admitted to the instant medical care center on August 18, 2014.

C. From October 5, 2015 to October 8, 2015, the Defendant issued an on-site inspection of the instant medical care center (hereinafter “instant investigation”) with Kim Jong-si, and conducted an on-site inspection on the instant medical care center from October 5, 2015 (hereinafter “instant investigation”); ① violation of the criteria for placement of human resources due to the shortening work of water treatment workers D; ② violation of the criteria for placement of human resources due to E caregiver and F’s concurrent work; ③ violation of the criteria for placement of human resources due to the violation of the criteria for placement of human resources for caregiver E and F; ④ violation of the criteria for additional placement of human resources due to the violation of the criteria for placement of human resources for caregiver E and F; ④ violation of the criteria for additional placement of human resources due to the concurrent work of care workers G and H; and on February 5, 2016, the Plaintiff issued a disposition to recover expenses for long-term care benefits (hereinafter “instant disposition”).

1. Object to be recovered during the period of investigation (from September 2012 to August 2015);

A. A. Violation of standards for placement of human resources (amount to be refunded: 69,905,060 won) occurs when a physical clinic worked for a reduction of physical clinic and when a caregiver performed other duties than its unique duties, the vacancy ratio of a physical clinic and a caregiver occurs. As such, the reduction and calculation ratio according to the vacancy ratio applies to ① A physical clinic D shall be reduced from September 2012 to May 2013, and its working hours shall be reported to increase from 08:30 to 16:00 and it shall be reported to increase working hours to 18:00. ② A caregiver, EF shall be laundry for four hours during the working hours of caregiver from October 209 to June 2014.

arrow