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Reasons
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(영문) 수원지방법원 2018.06.04 2016구단6775
장기요양기관 영업정지처분 취소 청구의 소
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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 a person running C, a medical care and communal living home for older persons (hereinafter “C”) who provide facility benefits at the building located in Pyeongtaek-si B.

B. Upon the Defendant’s request, the National Health Insurance Corporation (hereinafter “Corporation”) conducted a field investigation on the period from May 11, 2015 to May 14, 2015 (hereinafter “instant field investigation”) with respect to C from March 2013 to March 2015.

C. On August 5, 2015, the NHIS notified the Plaintiff of the decision to recover totaling KRW 16,322,290 won of long-term care benefit costs in relation to C pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same) on the ground that the Plaintiff received excessive reimbursement of long-term care benefit costs by fraud or other improper means (hereinafter “the initial restitution disposition”).

The Plaintiff filed a false report on 4,164,040 won which cannot be paid in violation of the criteria for the placement of human resources and the criteria for the addition of human resources, and 12,029,530 won for additional placement of cooks who cannot be paid in violation of the criteria for the placement of human resources by filing a false report on 4,164,040 won, and 12,029,530 won for additional placement of cooks who cannot be paid in violation of the criteria for placement of human resources, and 128,720 won for expenses for allowance which cannot be paid in violation of the criteria for placement of human resources, by filing a false report on her work in spite of his/her absence of work in C from around April 2013 to September 2013, 2013, by filing a false report on her work in relation to his/her work in C.

E. On November 2, 2015, the Plaintiff filed an objection against the initial restitution disposition of this case with the Corporation.

On December 21, 2015, the Service has revoked the portion of additional placement of cooks from March 21, 2014 to June 2014, and the remainder.

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