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Reasons
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(영문) 서울행정법원 2014.12.18 2014구합16101
영업정지처분취소등
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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. On May 24, 2010, the Plaintiff filed a report on the establishment of a medical care community for the elderly among medical and welfare facilities for the aged pursuant to Article 35(2) of the former Welfare Act (amended by Act No. 10785, Jun. 7, 2011) on the “B Care Center” located on the eightth floor of the Seoul Yangcheon-gu Seoul Metropolitan Building (hereinafter “instant center”). On the same day, the Plaintiff was designated as a long-term care institution for the instant center pursuant to Article 31(1) of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013) with respect to the instant center from the Defendant.

B. On August 21, 2014, the Defendant issued a disposition of business suspension (hereinafter “instant disposition”) against the instant center for 75 days (from October 1, 2014 to December 14, 2014) with regard to the Plaintiff’s violation of Article 37 of the Act on Long-Term Care Insurance for the Aged, Article 15 of the Enforcement Decree of the same Act, Article 29 of the Enforcement Rule of the same Act, Article 43 of the Welfare of the Aged Act, and Article 31 of the Enforcement Rule of the same Act, on the legal basis of “the instant disposition”).

Details of violations and the details of administrative dispositions shall be as follows:

1. Details of the violation;

(a) Unfair claims: 42,740,940 won;

B. (1) Details of the violation of the Act on Long-Term Care Insurance for the Aged of 41,54,980, pursuant to Article 23 of the Enforcement Rule of the Act on Long-Term Care Insurance for the Aged of 41,55,980, for which an employee is placed and operated in accordance with the criteria for placement of human resources, and the calculation of expenses for long-term care benefits shall be based on the criteria for addition of expenses and adjustment of reduction. However, the nurse D, who works differently from the details of the employee report, shall be placed and operated in accordance with the criteria for assignment of human resources pursuant to Article 23 of the Enforcement Rule of the Act on Long-Term Care Insurance for the Aged of 1,185,960, for which the criteria for addition of expenses for long-term care benefits

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