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(영문) 서울고등법원 2019.02.22 2018누43080
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a social welfare foundation, operates a long-term care institution under the Act on Long-Term Care Insurance for the Aged (hereinafter “the instant medical care center”) with the trade name of the “Cmedical care center” (hereinafter “the instant medical care center”) in the building located in Masung City B, and also operates a medical care institution under the National Health Insurance Act (hereinafter “the instant medical care center”) in the same building.

B. The Plaintiff’s unfair claim for expenses for long-term care benefits and the Defendant’s decision to recover the National Health Insurance Corporation had conducted a field survey at the Medical Care Center from May 9, 2016 to May 20, 2016 (hereinafter “instant field survey”). As a result, from February 201 to May 201, 16, 16, 16, including E’s care workers, were working in the instant long-term care center while working in the instant long-term care center and worked only for a certain period of time. They reported the hours of care F, G, and H’s extended working hours. A physical care worker first reported the hours differently from the fact. A medical care worker failed to meet the criteria for placement of human resources by exceeding the prescribed number of human resources, and J, K, L, M, N, N, andO (hereinafter “J, etc.”), but failed to file a claim for reimbursement of expenses for long-term care benefits due to his/her absence of reporting to the medical care center’s admission, etc.

Accordingly, on September 23, 2016, the National Health Insurance Corporation notified the plaintiff of the decision to recover the cost of long-term care benefits 2,154,925,860.

C. On March 22, 2017, the Defendant’s business suspension disposition against the Plaintiff was made with respect to KRW 1,892,443,750, which was the amount of unfair claims filed by the Plaintiff from April 2, 2013 to March 2, 2016, the subject period of investigation of long-term care benefit costs.

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