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(영문) 서울행정법원 2018.02.22 2017구합61355
장기요양급여비용환수처분 취소의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The details and details of the disposition are operating the “C” designated as a facility long-term care institution in both weeks.

C was designated as a facility long-term care institution (institutional number: D) from June 10, 2008 to March 31, 2014, and the designation of a long-term care institution was revoked on April 1, 2014, and was re-designated on August 1, 2014 as a facility long-term care institution (institutional number: E).

(1) The former part of the instant medical care institution provides that “The instant medical care institution” and “The latter part of the instant medical care institution” shall be deemed as “the instant medical care institution,” and each of the said medical care institutions shall also be deemed as “each of the instant medical care institutions,” from December 8, 2015 to December 23, 2015, and the period for investigating the instant medical care institution from July 1, 2012 to March 2014, the Defendant conducted an on-site investigation (hereinafter “on-site investigation”) regarding long-term care benefits, etc. with regard to the instant medical care institution as “from August 2014 to October 2015” and the period for investigating the instant medical care institution as “the instant on-site investigation” (hereinafter “on-site investigation”).

Although the Defendant calculated expenses for long-term care benefits and claimed a reduction in the expenses for long-term care benefits on the ground that each of the instant medical care institutions failed to meet the criteria for placement of human resources for nursing workers, physical therapy workers, and caregivers, the Defendant violated the criteria for placement of human resources for long-term care benefits by falsely reporting the current status of nursing workers, physical therapy workers, and caregiver services, claiming expenses for long-term care benefits, and unfairly receiving expenses for long-term care benefits and claiming expenses for long-term care benefits. As such, in cases where the amount of expenses for additional placement of human resources is to be calculated in violation of the criteria for placement of human resources, the Defendant cannot receive additional expenses for long-term care benefits; however, the Plaintiff’s claim for additional expenses for long-term care benefits based on Article 43 of the former Long-Term Care Insurance Act (Amended by Act No. 13647, Dec. 29, 2015; hereinafter the same) on the ground that the Plaintiff violated the criteria for additional placement of human resources by unfairly receiving expenses for

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