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(영문) 대구고등법원 2016.11.11 2016누4356
업무정지처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s business suspension disposition against the Plaintiff on March 23, 2015 is 35 days.

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation that operates the “C Elderly Specialized Care Center for the Aged” (hereinafter “instant medical care institution”), a long-term care institution under the Long-Term Care Insurance Act for the Aged Group B.

A claim for the violation of standards for placement of human resources: A claim for 100% of the cost of care benefits calculated without reducing or adjusting the cost of care benefits, even though a caregiver registered as a caregiver with 89,110,540 won fails to perform his/her own duties and fails to meet the standards for placement of caregivers. On October 1, 2014 and November 201, 2014, the additional cost of care benefits was added to 30% of the cost of care benefits at the first floor office of this Sub-Section 2 E (the first floor office of this Sub-Section) to 30 E (the first floor office of this Sub-Section 2, 2012) to 10: (a) from October 1, 2012 to October 201, 2013 to 14; and (b) additional cost of care benefits at the first floor office of 4 G G 10 G 10 to 214.10 to 214.214

The Defendant and the National Health Insurance Corporation conducted a joint on-site investigation with respect to the instant health care institution from January 5, 2015 to August 8, 2015, and determined that the Plaintiff unduly claimed KRW 103,610,850 (= KRW 89,110,540, KRW 14,50,310) for the following reasons, in violation of the criteria for the placement of human resources and the criteria for additional placement of human resources for 26 months from October 2012 to November 2014.

C. On January 23, 2015, the Defendant: (a) Article 37(1)4 of the Act on Long-Term Care Insurance for the Aged; and (b) Article 29 [Attachment 2](c) of the former Enforcement Rule of the Act on Long-Term Care Insurance for the Aged (amended by Ordinance of the Ministry of Health and Welfare No. 389, Dec. 31, 2015; hereinafter

(i) the item;

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