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(영문) 수원지방법원 2017.01.17 2016구합61335
장기요양급여비용환수처분취소
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. From September 1, 2012, the Plaintiff established and operates C Care Center 1, 2, and 3 points, a medical care communal living home for older persons, which falls under a long-term care institution, from around Dongducheon-si B and 401. The placement of each of the above medical care centers is based on the ground plan set forth in attached Table 1.

B. On August 5, 2014, upon receipt of a civil petition (civil petition: Human Resources Standards and Facility Standards (Rules), etc., and on-site inspection by the Plaintiff’s C Care Center 1, 2, and 3, the 2002 c Care Center 1, 2, and 3, the c Care Center 1, and 2 issued corrective measures to find out that the facility standards of the kitchen 1, 2, and 3 were improper, and the Defendant notified the Plaintiff on August 8, 2014, that “the Plaintiff cannot claim additional placement expenses of the cook when performing his/her duties at the Joint Care Center (C Care Center 3 points).”

C. On August 27, 2014, the Dong ducheon City selected the Defendant as a subject of on-site investigation and requested work support on the ground that it is necessary to verify the Plaintiff’s unfair claims of KRW 1, 2, and 3 of the C Care Costs, and the Defendant notified the Dong ducheon City Mayor of the schedule for supporting on-site investigation.

Between February 10, 2015 and February 13, 2015, the Defendant and Duducheon City confirmed the following offenses (hereinafter “instant offense”) as a result of the on-site investigation (hereinafter “instant on-site investigation”) conducted pursuant to Article 61 of the former Act on Long-Term Care Insurance for the Aged (Amended by Act No. 13647, Dec. 29, 2015; hereinafter the same shall apply) on the part of the Plaintiff’s 1, 2, and 3 medical care sources operated by the Plaintiff during the period from February 10 to February 13, 2015:

A claim for violation of the standards for calculation of contents of a violation (request for violation of additional placement standards for human resources): 13,564,850 won - B of a cook shall be deemed to have performed the duties of a cook for at least 160 hours at the 1st place of a C of a Medical Care Center, which is an affiliated agency, even though he/she performed the duties of a cook at the 3 of a C of a Medical Care Center, which is not an affiliated agency, for the period from March 2014 to August 6,

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