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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 and details of the disposition;
A. The Plaintiff is a person who operated C (the establishment on May 10, 2012, the closure of business on April 7, 2016, hereinafter “instant medical care institution”) that is an institution providing long-term care benefits at the Seoul Special Metropolitan City, Gwanak-gu B and 3 level.
B. On October 8, 2015, the Defendant confirmed whether the instant medical care institution’s claim for additional expenses for long-term care benefits was reasonable.
(Period subject to verification: from July 2015 to September 2015).
On March 10, 2016, the Plaintiff submitted to the Defendant a “written voluntary report on the refund of expenses for long-term care institutions’ erroneous claims for benefits” (hereinafter “written voluntary report of this case”) stating that “In relation to Article 23 and Article 35 of the Act on Long-Term Care Insurance for the Aged, the Plaintiff would have received expenses for long-term care in providing long-term care benefits by mistake and would be treated voluntarily to return the relevant amount and would not raise an objection if it is confirmed that the details related to voluntary reporting are different.”
On April 8, 2016, the Defendant issued a disposition to recover expenses for long-term care benefits of KRW 17,186,030 to the Plaintiff pursuant to Article 43(1)3 and 4 of the Long-Term Care Insurance Act.
(hereinafter “instant disposition”) e.
The Plaintiff appealed against the instant disposition and filed an objection to the Defendant, but was dismissed on August 30, 2016.
The plaintiff filed a request for review with the Long-Term Care Adjudication Committee, but was dismissed on March 17, 2017.
[Reasons for Recognition] Facts without dispute, entry in Eul evidence Nos. 1, 2, 3, 4, 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Chapter 3 of the former Notice of Long-Term Care Benefit Costs (Notice of the Ministry of Health and Welfare No. 2013-160, Oct. 16, 2013), Chapter 5 of the former Notice of Long-Term Care Benefit Costs, etc. (Notice of the Ministry of Health and Welfare No. 2014-97, Jun. 26, 2014).