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(영문) 대구지방법원 2017.01.24 2015구합24101
업무정지처분취소
Text

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 established and operated the “C”, which is a senior citizens’ long-term care institution (hereinafter “instant medical care institution”), and a night and night care institution in Daegu-gun-gun, and the instant medical care institution was designated as a long-term care institution on January 27, 2014 pursuant to Article 31 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same) and Article 23(3) of the former Enforcement Rule of the Long-Term Care Insurance Act (amended by Ordinance of the Ministry of Health and Welfare No. 389, Dec. 31, 2015; hereinafter the same).

B. On April 13, 2015 to March 16, 2015, the Defendant and the Defendant’s Daegu Regional Headquarters conducted a field investigation on the details of long-term care benefits of the instant medical care institution from February 13, 2014 to March 2015, and confirmed that the Plaintiff unjustly claimed expenses for benefits of KRW 65,741,980 in total by fraud or other improper means, such as violating the criteria for placement of human resources of long-term care institutions and for additional placement of human resources, as follows:

In violation of the criteria for placement of human resources: D registered as a caregiver from February 2, 2014 to January 31, 2015, did not apply the reduction of the criteria for placement of human resources but claimed 100% of the loan expenses for the pertinent month to which the criteria for placement of human resources are applied in accordance with the criteria for the addition of expenses for training. However, D violated the criteria for placement of human resources in addition to the criteria for placement of human resources but applied the additional placement of human resources. A request for additional placement of human resources was made on April 4, 2014, 442, 60 - A request for additional placement of human resources: A request for additional placement of human resources from February 31, 2014 to January 31, 2015, F. registered as an assistant nurse was added from February 2 through May 2014 to a nursing facility for senior citizens.

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