1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the representative of the D Senior Citizens Visit Welfare Center (hereinafter referred to as the “instant medical care institution”) located in Macheon-gu, Sincheon-si C.

On September 9, 2013, the above medical care institution was established as a long-term care institution under Article 32 of the Act on Long-Term Care Insurance for the Aged.

B. From February 2014 to September 2014, the Defendant, while serving as a caregiver in the instant medical care institution, provided the E (Defendant’s mother) and F with a beneficiary under Article 6-2(1)2 of the Long-Term Care Insurance Act for the Aged and the Long-Term Care Insurance Act, a long-term care benefit under Article 23(1) of the Long-Term Care Insurance Act.

C. On December 3, 2015 and December 23, 2015, the Vice-Governor of the National Health Insurance Corporation notified the Plaintiff of the determination to recover expenses for long-term care benefits. The purport of the notification is “Public Notice on the Standards for Providing long-term care benefits and methods of calculating expenses” (Notice of the Ministry of Health and Welfare, Evidence No. 8), and Article 23(3) of the “Public Notice on the Standards for Providing Long-term Care Benefits, etc.” (Notice of the Ministry of Health and Welfare, Evidence No. 8) does not pay expenses for long-term care benefits to a beneficiary if the total hours worked by a family caregiver at a long-term care institution are at least 160 hours per month. However, the Defendant, other than the instant health care institution, worked at a different long-term care institution and did not pay expenses for long-term care benefits provided by the Defendant to E, despite the fact that the Plaintiff, the representative of the instant health care institution, violated the above provision, thereby recovering KRW 7,406,175.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, purport of the whole pleadings

2. Determination as to a claim for damages

A. The Plaintiff’s assertion by the parties is serving as a caregiver in the instant medical care institution.