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(영문) 서울행정법원 2016.01.21 2015구합6729
장기요양급여비용환수처분취소
Text

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 a company that operates social welfare facility business.

On April 22, 2009, the Plaintiff was designated as a long-term care institution that provides facility benefits pursuant to Article 31(1) of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013) and operated a sanatorium for older persons (hereinafter referred to as “B”) under the name of “B” in the name of “B” in the Chungcheongnam-gun, Chungcheongnam-do.

B. On May 19, 2015, the Defendant notified the Plaintiff of a decision to recover KRW 209,598,120 of the cost of long-term care benefits that the Defendant paid to the Plaintiff excessively at the Plaintiff’s unfair demand pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015).

(hereinafter “instant disposition”). According to the instant disposition, KRW 209,598,120, the recovered amount of KRW 171,338,220, and KRW 172,510,00, and KRW 35,237,390, and KRW 390, and KRW 35,2390, and KRW 35,2390, and KRW 50, and KRW 300, and KRW 50, and KRW 32510, which were paid by the Plaintiff for the payment of expenses for long-term care benefits on March 16, 201 without any decrease in the amount of expenses for long-term care benefits, due to the Plaintiff’s violation of the criteria for human resource placement from December 201 to June 2013.

Among them, examining the specific contents of the “violation of the Criteria for Assignment of Human Resources,” which falls under the core of the grounds for disposition as to this part, which the Plaintiff is disputing in the instant lawsuit, as follows.

1 The Plaintiff is referred to as D from July 6, 201 to June 30, 2013, and B from December 13, 2011 to June 30, 201, respectively.

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