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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
The Plaintiff is a head of a facility that establishes and operates the C Care Center (hereinafter referred to as the “C Care Center in this case”) which is a long-term care institution located in Gangnam-si, B (from March 25, 2016 to September 30, 2016, a “long-term care communal living home for older persons” and “life care facility for older persons” from September 30, 2016 to September 30.
From December 11, 2017 to October 14, 2017, the Defendants deemed that the Defendants received a total of KRW 19,295,850 by unfairly claiming for the payment of benefits (hereinafter “instant on-site investigation”) from May 2016 to October 2017 (18 months; hereinafter “the instant investigation period”) as a result of the instant on-site investigation on the details of the provision of benefits provided by the instant medical care personnel to the beneficiaries. The details of the instant offense are as follows.
(2) According to Articles 2015-223 (Notice 24 December 2015) and 49 of the Public Notice on the Standards for the Provision of Long-Term Care and the Calculation of Expenses for Care (hereinafter “Notification”), the Plaintiff filed a claim as to the actual working hours pursuant to Articles 48 and 49 of the Act on the Standards for the Provision of Long-Term Care and the Calculation of Expenses for Care (hereinafter “Notification”). However, the Plaintiff filed a claim for additional working hours under Article 205-23 of the Enforcement Rule of the Long-Term Care Insurance for the Aged (hereinafter “the Standards for Placement of Human Resources”), but the Plaintiff filed a claim for additional working hours under Article 205-23 of the Enforcement Rule of the Act on the Long-Term Care and Care of Older Persons (hereinafter “the Standards”). However, the Plaintiff filed a claim for additional working hours under the Standards for the Provision of Medical Care and the Standards for the Calculation of Expenses for Care, even if the Plaintiff did not actually work for the period from May 1 to July 5, 2016.