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(영문) 창원지방법원 2015.09.01 2014구합22210
장기요양급여비용 환수 결정처분 취소 청구
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 is a non-profit corporation operating a B medical care center for the aged, and a C Elderly Welfare Center providing visiting medical care and visiting bathing services.

B. As a result, the Defendant conducted a joint investigation into B Medical Care Center and C Elderly Welfare Center together with the Development Group (hereinafter “instant first disposition”), and filed a false demand for increase of the amount of expenses for long-term care benefits on September 12, 2014 on the ground that CMedical Care Center and C Care Center provided beneficiaries F and G with at least 180 minutes of visit care services at the time of one visit to F and G, and that D and E provided at least 6 care services at the time of one visit, and that they did not purchase a liability insurance policy for six caregivers, etc., the Defendant would recover the expenses for long-term care benefits at KRW 12,917,810 each on October 2, 2014 (hereinafter “the instant first disposition”). ② In the case of B Care Center, the Defendant did not perform the duty of care care workers at least 0 minutes without performing the duty of care workers at least 10 minutes, and the Defendant could not perform the duty of care workers at least 10,000,000 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the first and second dispositions of this case are legitimate

A. Plaintiff’s assertion 1: (a) based on the written statement prepared by D and E to the effect that “The hours of visiting medical care services have increased to 180 minutes and 120 minutes, and the actual falsity has been increased to 180 minutes; (b) the instant disposition No. 1 was made; (c) however, D and E were the Defendant’s employees in a strong atmosphere.

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