logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.06.03 2015구합21867
과징금부과처분취소
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 operates A, a long-term care institution under the Long-Term Care Insurance for the Aged-gun, Gyeongcheon-gun (hereinafter “instant medical care institution”). On May 30, 2008, the instant medical care institution was designated as a long-term care institution from the Defendant pursuant to Article 31 of the Act on Long-Term Care Insurance for the Aged.

B. From February 2, 2015 to November 2, 2014, the Defendant and the National Health Insurance Corporation investigated the actual condition of an unfair claim for facility benefits by setting the investigation period from February 2, 2011 to December 36, 2014. Although the instant health care institution violated the criteria for placement of human resources for long-term care institutions, the Defendant and the National Health Insurance Corporation confirmed the fact that the instant health care institution did not adjust the expenses for long-term care benefits and unfairly claims for facility benefits of KRW 292,619,610 out of the expenses for long-term care benefits (hereinafter “instant violation”).

A claim for the violation of standards for placement of human resources (289,746,940) - A long-term care institution shall place and operate human resources according to the standards for placement of human resources by occupation under Article 22(1) [Attachment 4] of the Enforcement Rule of the Welfare of Older Persons Act and Article 23 of the Act on Long-Term Care Insurance for Older Persons. From October 2009, a long-term care institution shall calculate expenses for care in accordance with the standards for addition and reduction of expenses for care, but it shall report differently from the fact that it has worked for less than 160 hours a month in exclusive charge of duties of carers C, D, E, F, G, office members, and cooks, while the hours for providing care workers are less than 160 hours a month. - A request for additional placement of human resources (372,670 won) - A long-term care institution shall place and operate human resources in accordance with the standards for placement of human resources by occupation under Article 22(1) [Attachment 4] of the Enforcement Rule of the Welfare of the Aged Act and Article 23 of the Long Insurance Act.

arrow