logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.05.14 2015누5152
행정처분명령취소
Text

1. Revocation of a judgment of the first instance;

On October 2, 2014, the Defendant revoked the designation of a long-term care institution for two months against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was designated as a long-term care institution under the Act on Long-Term Care Insurance for the Aged in Gwangju Northern-gu, 290 (hereinafter “instant medical care center”). The Plaintiff has established and operated the so-called So-called Specialized Medical Care Center (hereinafter “instant medical care center”).

B. The Defendant’s first on-site investigation and warning disposition against the Plaintiff was conducted from January 28, 201 to February 8, 2011 on the instant medical care center (the period subject to investigation: 10 months from February 2010 to December 201); and on September 25, 2012, the Defendant issued a warning to the Plaintiff pursuant to Article 37(1) of the former Enforcement Rule of the Act on Long-Term Care Insurance for the Aged (amended by Act No. 12067, Aug. 13, 2013; hereinafter “former Enforcement Rule”) on the ground that the Plaintiff violated the guidelines for additional placement of human resources of the instant medical care center, thereby unfairly demanding the Plaintiff to pay KRW 319,60,59,580 (unfair rate of 0.64%) out of the total amount of care allowances in violation of the guidelines for additional placement of human resources of the instant medical care center (hereinafter “former Enforcement Rule”).

C. The Defendant’s second on-site investigation against the Plaintiff and the revocation of the designation of a long-term care institution shall jointly with the National Health Insurance Corporation on the instant medical care center (six months from August 18, 2014 to March 21, 2014: the period subject to investigation: the period subject to investigation: the period from August 2013 to January 21, 2014); and on October 2, 2014, the Plaintiff calculated the Plaintiff’s “five persons, including A, who are beneficiaries of the instant medical care center, to calculate the costs of the instant medical care center to the number of days per day, instead of the cost of the external stay; and KRW 527,240 of the total costs of the instant medical care center (hereinafter “the instant supply amount”); while the Defendant stated the result of the instant disposition to the Plaintiff as KRW 527,2740 of the cost of the instant medical care center, the amount of the costs of the instant medical care center’s unlawful claim is indicated as KRW 52727,405.27.

arrow