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(영문) 광주고등법원 2020.09.25 2020누10103
장기요양급여 환수처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance regarding this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed or added as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3 Under the 3rd below, “90% from the following month of the Affected Causes” shall be adjusted to “90% from the following month of the Affected Causes:

7. The addition of paragraphs 8 through 10 lines shall be as follows. (4) The addition of paragraphs shall be 10 lines on the same side. (5)

Inasmuch as the Plaintiff asserted, even if the Plaintiff’s claim for long-term care benefits was due to the occupational error of the employee in charge of the instant institution, the instant disposition may be imposed even if there was no intentional or negligent act on the part of the Plaintiff, barring special circumstances, such as where the Plaintiff did not neglect the Plaintiff’s duty, and the circumstances alleged by the Plaintiff alone do not deem that there was a justifiable reason that it could not be attributable to the Plaintiff’s neglect of duty.”

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in this conclusion, and the plaintiff's appeal is dismissed.

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