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(영문) 대구지방법원 2016.01.20 2015구합570
장기요양급여비용환수결정처분취소
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 social welfare foundation that operates the “C Elderly Specialized Care Center for the Aged” (hereinafter “instant medical care institution”), a long-term care institution under the Long-Term Care Insurance Act for the Aged Group B.

A claim for the violation of standards for placement of human resources: D 1D 209,110,540 annually serving as a caregiver; 11. From the first floor office of this Sub-Section 1, 2014 to the first floor office of this Sub-Section 3 F 3: B 3F dedicated to cooking in the cooking room of the first floor of the office from October 2012 to the retirement from the (2013.5) office of the first floor of the office (2013.5) to the first floor of the office of the office of the foregoing 4 G 2012.10 to the present (201.11.6.6.6.10.6.10.6.6.10.6.13.6.10.6.6.10.6.13.201.

After conducting a joint on-site investigation with respect to the instant medical care institution on January 5, 2015 from January 5 to January 8, 2015, the Defendant and the dietitian head of the Gun determined that the Plaintiff unfairly claimed for the total of KRW 103,610,850 (= KRW 89,110,540, KRW 14,50,310), in violation of the criteria for the placement of human resources and the criteria for additional placement of human resources as follows.

C. On January 12, 2015, the Defendant issued a notice of scheduled recovery of expenses for long-term care benefits, and on February 11, 2015, issued a redemption disposition of KRW 103,610,850 for the Plaintiff pursuant to Articles 43(1)3 and 37(1)4 of the Act on Long-Term Care Insurance for the Aged (hereinafter “instant disposition”).

[Judgment of the court below]

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