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(영문) 서울고등법원 2020.01.08 2019누47164
업무정지처분취소
Text

1. The defendant's appeal is dismissed.

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

3. The Defendant is against the Plaintiff on April 13, 2017.

Reasons

1. Acknowledgement of and amendment to the judgment of the court of first instance is consistent with the reasoning of the judgment of the court of first instance, except where part of the reasoning of the judgment of the court of first instance is used as follows. Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part of the judgment of the court of first instance] No. 10 and No. 15 of the judgment of the court of first instance, “A request for formal trial has been made and is pending.” The court rendered a judgment of not guilty on October 17, 2019, and the above judgment became final and conclusive on October 25, 2019.”

The 17th page 13 of the judgment of the court of first instance stated that “The progress was carried out. On the other hand, the caregiver I proceeded with AB a cleaning procedure for the body of the recipient AB.”

The portion of "no defendant exists" from 18th to 21th 19th 19th 19th 21th 200.

The evidence presented by the Defendant alone is insufficient to recognize the fact that the Plaintiff gave a reduction of co-payment in order to attract the above AD, etc. as a beneficiary, and there is no other evidence to acknowledge this otherwise, it cannot be deemed that the Plaintiff given a reduction of co-payment for profit.

Accordingly, the Defendant asserts to the effect that “the Plaintiff, a person who establishes and operates the instant center, is entitled to claim expenses for long-term care benefits to the National Health Insurance Corporation as much as there are many beneficiaries who receive long-term care benefits from the instant center.” As such, the Plaintiff’s purpose of receiving expenses for long-term care benefits from the National Health Insurance Corporation falls under “the purpose of receiving personal economic benefits,” and thus, constitutes “for profit-making” under Article 35(5) of the Long-Term Care Insurance

Therefore, the operation of a suicide house and a long-term care institution is certain.

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