logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.10.15 2015구합61177
장기요양급여비용환수처분취소
Text

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 a company operating commuting system welfare facilities for the aged (hereinafter “B”) under the name of “(StateB)B” in Seodaemun-gu Seoul Metropolitan Government 4, Seoul.

On August 27, 2012, based on Article 31(1) of the former Act on Long-Term Care Insurance for the Aged (amended by Act No. 12067, Aug. 13, 2013) and Article 23(1) and (3) of the former Enforcement Decree of the Long-Term Care Insurance for the Aged (amended by Ordinance of the Ministry of Health and Welfare No. 232, Feb. 14, 2014), the Plaintiff was designated as a long-term care institution that provides B with visiting care, visiting bathing, and weekly night care (limited to long-term care benefits as home care benefits).

B. A caregiver, who belongs to B, did not provide visiting care benefits to E on February 1, 2014 or from 11 to 111, 2014, under Article 15(2) of the Act on Long-Term Care Insurance for the Aged (hereinafter “beneficiary”). On February 3, 2014, the caregiver F did not provide visiting bathing benefits to G, who is the beneficiary. A caregiver H did not provide visiting care benefits and visiting bathing benefits to I, who is the beneficiary, on June 1, 2014.

Nevertheless, the Plaintiff claimed expenses for long-term care benefits as if each caregiver provided the above long-term care benefits on each day, and received a total of KRW 450,900 from the Defendant and the beneficiary.

C. Meanwhile, in the proviso of Chapter 1(e) of Chapter 2 of the former Public Notice on Long-Term Care Benefit Expenses (amended by the Ministry of Health and Welfare No. 2009-125 of Jun. 30, 2009), the term “[calculated Criteria] (5)” provided a beneficiary with accommodation at a weekly night protection institution, the number of beneficiaries shall not be calculated, and no beneficiary may be charged with expenses incurred in relation to expenses incurred in relation to long-term care benefits, other than expenses incurred in providing accommodation.”

The notice prior to the amendment in 2009 is referred to as "the notice prior to the amendment".

. and the Gu.

arrow