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(영문) 서울고등법원 2014.10.24 2013누28543
장기요양급여비용 환수처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) On the first page "(1)" shall be added to the upper end of the "relevant month".

(2) On the fourth and seventh phases, the part recognized as one person in the case of “work for more than 160 hours per month” with respect to the criteria for placement of social workers among the details of expenses for long-term care benefits is determined without being delegated by superior statutes, such as the Elderly Insurance Act and the Enforcement Rule of the same Act. The content that does not belong to the “2009 Elderly Health Welfare Promotion Guidance” issued by the Ministry of Health and Welfare, and is in violation of the Labor Standards Act, and is likely to violate the working hours of workers under the Labor Standards Act. In addition, the provision that only the “regular employees with a working period of more than 90 days” in the details of expenses for long-term care benefits violates the principle of equality without any justifiable reason to apply special exception to the recognition of working hours.”

(3) On Chapter 4, "(1)" shall be added in front of "detailed details of expenses for long-term care benefits" in paragraph 18.

(4) On the other hand, Chapter 5 of the Notice of Expenses for Long-Term Care Benefits provides that "the president of the NHIS shall determine detailed matters, such as the period, procedure, method, etc. for the calculation of expenses for long-term care benefits after deliberation by the Benefit Examination Committee," and accordingly, as seen earlier, the details of expenses for long-term care benefits include the number of one employee in cases where the monthly working hours of one employee are at least 160 hours with respect to the reduction of expenses for the violation of the standards for placement of human resources in details of expenses for long-term care benefits are at least 90 hours, on the other hand, if any inevitable reason exists to the

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