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(영문) 광주지방법원 2014.10.02 2013구합2266
장기요양기관 지정취소 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates B medical care center (hereinafter “instant medical care center”) upon being designated as a long-term care institution pursuant to the Act on Long-Term Care Insurance for the Aged.

B. A prior notice of a disposition revoking the designation of a long-term care institution was issued, jointly with the National Health Insurance Corporation, on June 11, 2013 through June 14, 2013, the Defendant conducted an on-site inspection of the instant medical care institution with the period subject to investigation from November 1, 2012 to April 30, 2013. On June 26, 2013, the Defendant notified the Plaintiff of the disposition revoking the designation of a long-term care institution pursuant to Article 37(1)4 of the former Long-term Care Insurance Act (amended by Act No. 12067, Aug. 23, 2013; hereinafter the same shall apply) to the effect that the instant medical care institution violated the criteria for the placement of human resources as follows and unfairly claims KRW 41,035,420 out of the total amount of the medical care benefit cost, in violation of the criteria for admission, discharge, and outpatient.

(1) ADD’s duties to provide physical activities, etc. to an inmate during the period from November 5, 2012 to April 201, 2013; - A’s duties to provide maximum of 3.5 hours a day from November 2012 to January 2013; and the remaining hours of affiliated work at the weekly night protection center, which is an affiliated institution - A’s representative and a caregiver, did not provide the services to provide the inmate with physical activities, etc. - B’s caregivers exclusively in charge of cooking duties from the date of entry to office on November 5, 2012 to the date of entry 5, 2013 - The registered caregivers did not have actually worked at the actual medical care center from January 201 to April 2013 to the date of entry; 8,530,000 won for the violation of the standards; - A’s remaining hours of affiliated work at the weekly night protection center from November 2012 to April 13, 2013.

C. On July 26, 2013, the Defendant notified that an administrative disposition became final and conclusive, in violation of the Act on Long-Term Care Insurance for the Aged as a result of an on-site investigation conducted by a long-term care institution, violates the standards for assignment of human resources, entry

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