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(영문) 인천지방법원 2016.03.25 2015구합52733
영업정지처분취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From May 1, 2013, the Plaintiff established and operated a short-term protection (hereinafter referred to as “instant medical care institution”) attached to the “C Care Center” and the “C Care Center”, a long-term care institution, a long-term care institution under the Long-term Care Insurance Act for the Aged-gu Incheon, Incheon, and 1001.

B. After conducting an on-site investigation on the instant medical care institution around January 22, 2015, the Defendant and the National Health Insurance Corporation recognized that the Plaintiff unduly claimed and received expenses for benefits of KRW 4,025,390 in total regarding “C Care Center” and “short-term protection attached to C Care Center” in violation of the criteria for placement of human resources prescribed by the Enforcement Rule of the Welfare of Older Persons Act, as follows:

1) “C Careman” - From May 2014 to January 2015, 2015, E means a caregiver, from September 2013 to November 2013, and from April 2014 to May 2014, F means a caregiver who has worked for at least 144 hours to 160 hours a month as a caregiver, and requests expenses to be registered as a caregiver - Employees shall have worked for at least 160 hours a day from October 2013 to December 2013, even though they were exclusively responsible for cooking at the kitchen, they shall be registered as a caregiver at least 160 hours a month, and at least 160 hours a day from January 2014 to December 2014, and at least 160 hours from February 20, 2014 to 160 hours from February 14, 2014.

C. On August 28, 2015, the Defendant included each of the above dispositions under Article 37(1)4 of the Act on Long-Term Care Insurance for the Aged and Article 29 of the Enforcement Rule of the same Act with respect to “short-term protection attached to the C Care Center” and “short-term protection attached to the C Care Center,” and Article 37(3)4 of the same Act and Article 29 of the Enforcement Rule of the same Act with respect to “short-term protection attached to the C Care Center.”

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