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(영문) 서울행정법원 2019.02.14 2018구합67954
장기요양급여비용 환수처분 취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of each disposition;

A. From November 25, 2010, the Plaintiff was a long-term care institution under the Jongno-gu Seoul Metropolitan Government Long-Term Care Insurance Act for the Aged (hereinafter “instant center”) from around November 25, 2010, and established and operated “C” (hereinafter “the instant home welfare”) and “D” (hereinafter “the instant home welfare”) for the aged under the Welfare of the Aged Act.

B. Upon receiving support from Defendant Corporation, the head of the Si/Gun/Gu conducted an on-site investigation of the instant center from March 27, 2017 to January 31, 2017 (the period subject to investigation: from January 1, 2015 to January 31, 2017; hereinafter “instant on-site investigation”) and determined that the Plaintiff received payment of long-term care benefit costs unfairly as follows.

A claim for additional placement of human resources - A claim for the violation of additional placement of human resources - A filed a false report on the fact that he/she had been working as a nurse during the period from April 2015 to February 2017 and filed a claim for additional placement of human resources and for excess of the prescribed number of nurses paid (hereinafter “grounds for disposition 1”) - If he/she operated beyond the prescribed number, he/she shall calculate the expenses for benefits in accordance with the prescribed ratio of excess of the prescribed number (hereinafter “grounds for disposition 2”) - A person F was admitted to the second floor of the instant center from January 2, 2015 to the 16th day of the same month, but falsely reported to be admitted to the second floor of the instant center, and filed a claim for additional placement of human resources and placement of nurses from the fact that he/she had been employed as a nurse, but reported to be admitted to the third floor of the instant center until October 10, 2015, and reported to be admitted to the instant 10th day from June 14, 2019.

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