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(영문) 대구지방법원 2019.04.25 2018구합22311
장기요양급여 환수처분 취소청구 등
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 the disposition;

A. On May 15, 2017, the Plaintiff is operating the Plaintiff by reporting the “C” located in Yongcheon-si B (hereinafter “instant medical care institution”) to a long-term care institution for long-term care under Article 32 of the Act on Long-Term Care Insurance for the Aged.

B. From February 6, 2018 to September of the same month, Defendant National Health Insurance Corporation inspected the instant medical care institution from February 9, 2018 (the period subject to investigation: between June 16, 2017 and December 2017); and notified the Plaintiff of the scheduled recovery of expenses for long-term care benefits on March 6, 2018. (2) The Plaintiff submitted an opinion to the effect that the notice of scheduled recovery of expenses for long-term care benefits was unreasonable; (3) Defendant National Health Insurance Corporation partially accepted the Plaintiff’s violation of the criteria for adding expenses for long-term care benefits at night; and (40) recovered expenses for long-term care benefits on May 21, 2018 due to the following reasons.

(hereinafter “instant restitution disposition”). Specific grounds are as stated in the details of the reasons for Disposition No. 1.

The grounds for the disposition of benefits are to be recovered in an unfair period of time, and the criteria for placement of the weekly and night protection human resources (a nursing nurse and a cook) are to be violated from July 2017 to December 3, 2017 to December 3, 2017, in violation of the criteria for additional placement of human resources of KRW 3,484,350, in addition to the number of hours from July 12, 2017 to December 12, 2017 to December 88, 2017 to December 88, 2017, in violation of the criteria for additional placement of human resources of KRW 16,78,240, in total.

C. (1) On March 5, 2018, Defendant Youngcheon City Mayor notified Defendant Youngcheon City Mayor of the results of the instant medical care institution, and Defendant Youngcheon City notified the Plaintiff of the suspension of business under Article 29 of the Enforcement Rule of the Long-Term Care Insurance Act on March 9, 2018. (2) Defendant Youngcheon City Mayor notified the Plaintiff of the suspension of business under Article 29 of the Enforcement Rule of the Long-Term Care Insurance Act on March 9, 2018.

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