1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation that establishes and operates C, a sanatorium for older persons (hereinafter “instant sanatorium”) in Jeju-si.

B. From December 20, 2016 to December 23, 2016, the Minister of Health and Welfare conducted a field investigation on the details, etc. of the payment of long-term care benefits to the instant sanatorium (hereinafter “instant field investigation”).

C. Based on the results of the instant on-site investigation, the Defendant issued a disposition to the Plaintiff on March 21, 2017, and on the ground that “the Plaintiff was paid KRW 85,891,320 from June 201 to October 2013, 201,” on the ground that “the Plaintiff was unjustly claimed KRW 85,325,110 from June 201 to October 2013, 201,” and that “the Plaintiff violated the criteria for placement of human resources for the head of the instant sanatorium because the head of the instant sanatorium was not full-time in the instant medical care facility (hereinafter “the subject period”). As such, the Defendant issued a disposition to recover the total of KRW 271,216,430 (hereinafter “instant disposition”) for long-term care benefits claims based on Article 43 of the Act on Long-Term Care Insurance for the Aged (hereinafter “the Act”).

The plaintiff raised an objection against the defendant, but the defendant dismissed it on May 31, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Although the head of the instant sanatorium D did not work inside the facility, he participated in meetings, etc. to secure the operation fund of the sanatorium, etc., the Defendant erred by ascertaining whether the head of the facility was a full-time employee on the basis of the day of attending the instant sanatorium or the working hours inside the facility. 2) During the instant period, the criteria for the provision of long-term care benefits and the calculation method of expenses for long-term care during the instant period.