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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 is establishing and operating a medical care and communal living home for older persons (medical care number E; hereinafter “instant medical care center”) under the above title, which is a long-term care institution providing “facility benefits” under the Act, which is a long-term care institution providing the building in Daegu-gu B and the second floor under the Act on Long-Term Care Insurance for Older Persons (hereinafter “the instant center”).
B. The head of the Daegu Metropolitan City and the Defendant conducted a field investigation on the instant center and the instant medical care center (hereinafter “instant field investigation”) with the period subject to investigation from January 15, 2018 to January 18, 2018, setting the period from March 15, 2015 to January 11, 2017.
C. On April 10, 2018 based on the results of the instant on-site investigation, the Defendant rendered a decision to recover KRW 258,673,160 of the unfair cost of health care benefit with respect to the instant center pursuant to Article 43 of the Long-Term Care Insurance Act (hereinafter “instant one disposition”) and to recover KRW 5,761,660 of the unfair cost of health care benefit with respect to the instant medical care center (hereinafter “instant two disposition”; and “each of the instant dispositions” in cases of referring to the instant one disposition together with the instant one disposition).
[Attachment 1] The instant center (258,673,160 won in total) in violation of the criteria for weekly and night protection benefits shall not be protected for at least 24 hours in accordance with the criteria for weekly and night protection benefits, and where a violation is made, the Plaintiff may not file a claim for a weekly and night protection benefit.
From March 2015 to November 201, 2017, the Plaintiff: (a) the recipient of the weekly and night protection of the instant center from June 1, 2016 to December 31, 2017 (resident in theG room H from June 1, 2016 to December 31, 2017); (b) I (resident in the G room room H from April 1, 2015 to December 31, 2017); (c) residing in the G room room from March 26, 2015 to July 9, 2017; and (d) residing in the G room room from July 10, 2017 to August 31, 2017.