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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, a long-term care institution that provides facility benefits under the Act on Long-Term Care Insurance for the Aged in the Gangnam-gu, Dong-gu, Seoul Special Metropolitan City (hereinafter “the instant medical care institution”), operates the “C Elderly Specialized Care Center.”
B. From September 14, 2014 to May 31, 2014, the Defendants conducted an on-site inspection on the details of benefits of the instant sanatorium from September 1, 2013 to May 31, 2014, and confirmed that D, registered as a sanitation inspector, performed cooking work without performing the duties of managing laundry, which is the inherent business of the sanitation inspector, even though D, who performed cooking work, performed the cooking work, the Plaintiff reported D differently from the fact that D performed the sanitation supervisor’s duties and received the expenses for long-term care benefits.
C. As a result of the above on-site investigation, on November 7, 2014, Defendant National Health Insurance Corporation notified the Plaintiff of the decision to recover KRW 10,298,370 of the additional amount of expenses for long-term care benefits received by the Plaintiff on January 29, 2014 and February 2, 2014 pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015) on the ground that the Plaintiff violated the standards for placement of human resources.
(hereinafter “instant restitution disposition”) D.
On September 4, 2014, the Defendant Boan City notified the Plaintiff of the scheduled disposition of recovery of this case scheduled by the Defendant National Health Insurance Corporation, and notified the Plaintiff of the scheduled disposition of business suspension for 30 days, and on November 3, 2014, the Plaintiff applied for the imposition of a penalty surcharge in lieu of the business suspension disposition of 30 days in lieu of the business suspension disposition.
Accordingly, on November 5, 2014, the defendant Yanan City Mayor substituted the disposition of suspension of business 30 days pursuant to Article 37 of the Act on Long-Term Care Insurance for the Aged and Article 15 [Attachment 2] of the Enforcement Decree of the Act on Long-Term Care Insurance for the Aged and Article 29 and [Attachment 2] of the Enforcement Rule of the same Act.