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(영문) 대전고등법원 2016.12.14 2016누11627
업무정지처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Details of the disposition;

A. The Plaintiff Company is a corporation established on March 18, 2008 to operate social welfare facilities.

Plaintiff

On April 22, 2009, the company was designated as a long-term care institution that provides facility benefits pursuant to Article 31(1) of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013) from the head of Geumsan Gun, and operated a sanatorium for older persons (hereinafter “B”) under the name of “B” in the name of “B” in the name of “B” from Chungcheongnam-Gun.

B. From January 19, 2015, the National Health Insurance Corporation based on the details of the provision of long-term care benefits to the Plaintiff Company.

1. According to Article 61 of the Act on Long-Term Care Insurance for the Aged up to November 22, 201, an on-site investigation was conducted for the period of 36 months from November 201 to November 2014. As a result, the Plaintiff Company: (a) filed a claim for reimbursement of expenses for long-term care benefits in violation of the guidelines for human resource placement from December 201 to June 2013; (b) the difference between the Plaintiff Company claimed and received without deducting expenses for long-term care benefits; and (c) the amount of the subsidy for the improvement of rating and additional placement of human resources could not be paid upon the application of the said reduction during the said period, but the amount of the subsidy for the improvement of rating and additional placement of human resources should not be paid 3 million won and additional dues 35,237,390 won; and (c) the amount of the subsidy for the improvement of rating paid to the Defendant on March 16, 2014, 2013.

C. Accordingly, the Defendant’s provision on the Long-Term Care Insurance for the Aged on May 15, 2015.

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