The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

A. In Eunpyeong-gu Seoul Metropolitan Government, the Plaintiff is establishing and operating a union A (hereinafter “instant institution”) providing at night protection pursuant to Article 23(1)1 of the Long-Term Care Insurance Act for the elderly at night.

B. The head of Eunpyeong-gu received survey personnel from the Defendant and conducted an on-site investigation as to whether the instant institution claims appropriate for expenses for benefits from the instant institution from June 10, 2019 to June 13, 2019 (hereinafter “on-site investigation of this case”) (i.e., the investigation period from May 10, 2016 to April 2019; hereinafter “on-site investigation of this case”).

As a result of the instant on-site investigation, the Defendant issued a scheduled notice to the Plaintiff on July 16, 2019 on the recovery of long-term care benefit costs of KRW 24,857,850 on the ground that the Plaintiff unduly claimed long-term care benefit costs in violation of the Acts and subordinate statutes governing long-term care insurance for the elderly as follows. On September 20, 2019, the Defendant issued a disposition to recover the said amount pursuant to Article 43(1) of the former Long-Term Care Insurance Act (amended by Act No. 17173, Mar. 31, 2020; hereinafter the same) (hereinafter referred to as the “instant disposition”). The period subject to the instant on-site investigation by employees related to the offense subject to restitution of KRW 24,857,850 (original).

1. Relier C (in July 2017), a social worker D (in February 2, 2017), 2,787,670

2. Social workers G (F) Social workers G (2018. Dec. 2, 2018. 20) (hereinafter “H”) 14,185,720 investigation period other than the survey period (from September 2014 to March 3, 2015. 1. 201. 7, 2015 to November 201. 7, 2017. 7, 2017. 7. 7. 7, 2017. 7. 7, 207, 207. 7, 207. 7. 7. 7, 207, 207, 207. 7. 7. 7. 7. 7. 20, 2015. 7. 7. 7. 20, 207. 7. 7. 7. 7. 7. 2017. 7. 7. 7. 201. 7. 20