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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. The Plaintiff is operating a C Care Center, a long-term care institution and medical welfare facility for older persons (hereinafter “instant medical care center”).
1) Claim for Violation of the Additional Assignment Standards: 194,30 won received as KRW 194,300 was registered as admitted on June 30, 2016, even though they were admitted on May 22, 2016. If the current number of employees is determined as of the actual admission date, the current number of employees exceeds 10,00 KRW 19: 4,297,970 in cases of cooking E - The current number of employees falls short of the monthly working hours from January 1, 2016 to May 2016, and the current number of employees falls short of the standard working hours for June 13, 2016.
B. As a result of an on-site investigation of the instant medical care center from October 18, 2016 to October 21, 2016 (eight months from January 201 to August 201, 2016), the Defendant and the National Health Insurance Corporation determined that the Plaintiff unduly claimed and received expenses for long-term care benefits of KRW 4,492,270 in total in violation of the fixed number excess standards and additional placement standards for human resources as follows.
C. Accordingly, on November 30, 2016, the Defendant issued a disposition of 50 days of business suspension (hereinafter “instant disposition”) pursuant to Article 37(1)4 of the Long-Term Care Insurance Act for the Plaintiff and Article 29 [Attachment 2] of the former Enforcement Rule of the Long-Term Care Insurance Act for the Aged (amended by Ordinance of the Ministry of Health and Welfare No. 443, Nov. 7, 2016; hereinafter “Enforcement Rule of the Long-Term Care Insurance Act for the Aged”) to the Plaintiff.
On December 27, 2016, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission for the suspension of execution of the instant disposition, and the said commission dismissed the said appeal on March 27, 2017 after the decision to suspend execution was rendered.
E. Accordingly, the Defendant, on April 11, 2017, suspended the business to the Plaintiff on April 11, 2017.