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(영문) 대구지방법원 2014.10.24 2014구합344
과태료,부과및 영업정지 국민건강보험공단 환급금
Text

1. The Plaintiff’s claim for revocation of imposition of fines among lawsuits against Defendant Daegu Metropolitan City/Dong-gu head.

Reasons

1. Details of the disposition;

A. The Plaintiff is providing senior citizens with visiting care and bathing service while operating “C”, a long-term care institution for long-term care under Article 32 of the Act on Long-Term Care Insurance for the Aged in Daegu-gu, Daegu-gu (hereinafter “instant medical care institution”).

B. As a result of an on-site investigation with respect to the instant medical care institution on November 5, 2013 to November 12, 2011, the Defendants discovered the fact that the instant medical care institution’s caregiver and the beneficiary E were in a family relationship under the Public Notice on Expenses for Long-Term Care Benefits (Notice of the Ministry of Health and Welfare No. 201-72, Jun. 29, 2011; hereinafter “Notification of the instant case”), without reporting the fact that the Plaintiff filed a claim for medical care and visiting bathing benefits in general, not the number of family members (hereinafter “instant violation”).

C. Accordingly, on December 13, 2013, Defendant Corporation issued a redemption disposition of KRW 13,882,960 for long-term care benefit costs excessive due to unfair claims pursuant to Article 43 of the Act on Long-Term Care Insurance for the Aged (hereinafter “instant restitution disposition”) against the Plaintiff on the ground of “violation of the principle of home visit benefit” (hereinafter “instant restitution disposition”).

In addition, on February 5, 2014, pursuant to Articles 37 and 69 of the Act on Long-Term Care Insurance for the Aged on the Grounds of the instant violation, the head of the Defendant Dong/Dong issued the following dispositions against the Plaintiff (hereinafter “instant disposition of business suspension and fines for negligence”). Administrative fines for negligence related to the details of the administrative disposition of the representative of the facility and the details of benefits for each type (the Act on Long-Term Care Insurance for the Aged) (the Minister of Health and Welfare), 60 days of business suspension of Plaintiff C’s visiting care (from February 24, 2014 to April 24, 2014) - Article 37(3)3 - 81 days of business suspension of bathinging KRW 500,00 in violation of Article 69 subparag. 5 (the base date of calculation) - Article 37(3)3 - 500,000 won in violation of Article 69 subparag. 5, 2014)

E. The Plaintiff raised an objection against the instant restitution disposition.

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