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(영문) 서울행정법원 2019.02.21 2018구합57667
장기요양급여비용 환수결정처분취소
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 has been designated as a long-term care institution and operated Cmedical care center (hereinafter “instant medical care institution”).

B. From August 28, 2017 to September 1, 2017, the Si and the Defendant conducted an on-site investigation with respect to the instant medical care institution by setting the period of investigation from August 28, 2017 to September 1, 2017.

(hereinafter “instant on-site investigation”. A violation of the standards for adding additional placement of human resources for caregivers (referring to the notification of the standards for providing long-term care benefits and methods for calculating expenses for providing long-term care benefits (Notice of the Ministry of Health and Welfare No. 2016-121, 2016-171, and 242); hereinafter “instant notification”; Article 55) ① From August 1, 2016 to November 29, 2016; and ② from December 20, 2016 to January 31, 2017, D registered as caregivers were actually installed, such as repair and electrical construction; and ② from January 20, 2016 to January 31, 2017; and ② from January 20, 2017 to July 9, 2017, E merely performed duties as caregivers.

Nevertheless, on the ground that the Plaintiff was employed as a caregiver respectively from September 2016 to January 2017, 2017, and from March 2017 to July 2017, and as a caregiver, the Plaintiff was additionally assigned human resources.

23,394,140 won in violation of the criteria for the addition to the placement of night employees (public notice Article 60) (Article 60 of the Public Notice) and March 2017, the additional points for the placement of night employees are 0.4 points each, but the Plaintiff claimed for the addition to the placement of night employees at night and received the payment thereof.

(Difference) Violation of the Standard for Addition of Necessary Number of Human Resources (Public Notice Article 61) by a facility benefits agency is not entitled to the additional placement of human resources by a caregiver. However, the Plaintiff received the additional placement of necessary number of human resources from September 2016 to December 2016.

The defendant shall be E.

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