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1. The Defendant’s disposition of business suspension for 79 days against the Plaintiff on May 15, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is a juristic person established on March 18, 2008 and engaged in the operation of social welfare facilities.
On April 22, 2009, the Plaintiff 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) and operated a sanatorium for older persons (hereinafter referred to as “B”) under the name of “B” in the name of “B” in the Chungcheongnam-gun, Chungcheongnam-do.
B. From January 19, 2015, the National Health Insurance Corporation established on the basis of the details of provision of long-term care benefits by the Plaintiff.
1. From November 201 to November 2014, pursuant to Article 61 of the Long-Term Care Insurance Act, an on-site investigation was conducted for a period of 36 months from November 201 to November 2014, the Plaintiff filed a claim without reducing the cost of long-term care benefits as the Plaintiff violated the criteria for placement of human resources from December 2011 to June 201, and the Plaintiff filed a claim for the reduction of the cost of long-term care benefits without reducing the cost of long-term care benefits. As the application of the reduction in childbirth during the above period, the Plaintiff received the rating improvement incentive and the additional charge even though it is not possible to receive the rating improvement incentive and the additional charge due to additional placement of human resources, and notified the Defendant of the result of the investigation that he received the full amount by claiming for the reduction of the daily allowance by 50%
C. On May 15, 2015, the Defendant issued a disposition of business suspension for the Plaintiff from July 1, 2015 to September 17, 2015 (hereinafter “instant disposition”) pursuant to Article 37 of the Long-Term Care Insurance Act and Article 29 of the Enforcement Rule of the said Act on the grounds that “the Defendant unduly claimed long-term care benefits in violation of the Act on Long-Term Care Insurance for the Aged.”
Furthermore, in relation to B on May 19, 2015, the defendant extended expenses for long-term care benefits paid by the defendant to the plaintiff's unfair claim on the long-term care insurance for the defendant.