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(영문) 서울행정법원 2016.10.13 2015구합8015
장기요양기관업무정지처분취소
Text

1. The Defendant’s co-payment of co-payment during the business suspension period of a long-term care institution for 70 days against the Plaintiff on July 14, 2015.

Reasons

The Plaintiff is operating the “C”, which is a long-term care institution for long-term care in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant long-term care institution”).

The defendant from April 20, 2015, together with the National Health Insurance Corporation.

4. By February 24, 2014, the instant long-term care institution was subject to on-site investigations (from February 2014 to February 2015).

(A) On July 14, 2015, based on the result of the instant on the instant on-site investigation, the Defendant rendered a disposition to suspend the Plaintiff’s business for 70 days pursuant to Article 37(3)3 and 4 of the Act on Long-Term Care Insurance for the Aged (i.e., 40 days for an unfair claim for expenses for long-term care benefits, 30 days for co-payment reduction or exemption, and 30 days for an unfair claim for expenses for long-term care benefits, from August 17 to October 25, 2015)

(hereinafter “instant disposition”). 【Grounds for Disposition】

1. Unfair claims for expenses for long-term care benefits in the amount of KRW 14,750,060 in total by increasing the number of days of home care benefits provided to beneficiaries D, etc. from February 1, 2014 to February 28, 2015 (hereinafter “reasons for Disposition 1”);

2. The plaintiff asserts that the disposition of this case in this case is legitimate for the following reasons as to whether the disposition of this case in this case is unlawful, and thus the disposition of this case should be revoked as it is unlawful. The plaintiff asserts that there is no dispute over the reduction of or exemption from co-payment from April 2014 to January 2015 for beneficiary E (hereinafter "reasons for Disposition 2") and exemption from co-payment from April 2014.

The instant disposition in violation of the duty to present the reason is merely indicated as the grounds for the disposition such as “unfair claims for expenses for long-term care benefits by increasing the number of days of service,” and “amount of reduction and exemption of co-payment” and “amount of reduction and exemption of co-payment,” and it is difficult for the Plaintiff to find out

Therefore, Article 23 of the Administrative Procedures Act.

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