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(영문) 광주지방법원 2017.06.01 2016구합11124
장기요양급여비용 환수결정 취소
Text

1. The Defendant’s decision to recover expenses for long-term care benefits rendered to the Plaintiff on February 5, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a legal entity established to implement welfare projects for the elderly, and operates C Care Center (hereinafter “C Care Center”) in Kim Jong-si, Kim Jong-si.

B. From October 5, 2015 to October 8, 2015, the Defendant issued an on-site inspection of the instant medical care center (hereinafter “instant investigation”) with Kim Jong-si, and conducted an on-site inspection on the instant medical care center from October 5, 2015 (hereinafter “instant investigation”); ① violation of the criteria for placement of human resources due to the shortening work of water treatment workers D; ② violation of the criteria for placement of human resources due to E caregiver and F’s concurrent work; ③ violation of the criteria for placement of human resources due to the violation of the criteria for placement of human resources for caregiver E and F’s care workers; ④ violation of the criteria for additional placement of human resources due to the violation of the criteria for placement of additional placement of human resources due to the beneficiary’s external stay; ④ violation of the criteria for additional placement of human resources due to the worker G and H’s concurrent work; and on February 5, 2016, the Plaintiff issued a disposition to recover expenses for long-term care benefits (hereinafter “instant disposition”).

1. Object to be recovered during the period of investigation (from September 2012 to August 2015);

A. Violation of criteria for placement of human resources (amount to be refunded: 69,905,060 won) occurs when a physical clinic worked for a reduction of physical clinic and time when a caregiver performed other duties than its unique duties. As such, the vacancy ratio of a physical clinic and a caregiver occurs. As such, (i) A physical clinic D shall work for a reduction from September 2012 to May 16, 200 and file a report on a reduction of working hours from around 08:30 to 16:00, and (ii) AF shall perform laundry work for four hours during the working hours of caregivers from October 2009 to June 2014, as of April 2013, 2014, and October 16, 2014.

The amount subject to recovery of violation of the criteria for additional placement of human resources: 2,721.

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