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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. A social welfare foundation B (hereinafter “B”) is a corporation that intends to establish and operate medical welfare facilities for the aged under the Welfare of the Aged Act, medical care facilities for the aged, and facilities for the welfare of the aged for the aged. The Plaintiff is a director who is the representative of B.
B. B is the owner of the land and the building on the land in Busan, the Busan, the D, and E [the “F” in the new address, which is the same as the current B’s location], and is operating a G health center and the G Care Center at all times.
C. The G Health Center (Medical Care Institution No. : H) and the G Medical Care Center (Medical Care Institution No. 1: I) were designated as a long-term care institution by the head of the Busan Metropolitan City captain on June 22, 2009 pursuant to Article 31 of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013). The “certificate of designation of the long-term care institution” (Evidence 7) issued by the head of the relevant Gun at the time of the designation of the G Health Center as the “head of the long-term care institution (the representative of the legal entity)” and the “head of the facility of the long-term care
From December 16, 2013 to December 20, 2013, the Defendant conducted an on-site investigation into the details of long-term care benefits of G Health Center and G Care Center, and filed a claim for long-term care benefits with the Defendant by the operator of the aforementioned two medical care institutions, the Defendant determined that G Health Center violated the criteria for the placement of human resources, the criteria for additional placement of human resources, and the criteria for rating improvement incentives, and that G Care Center violated the criteria for additional placement of human resources by claiming expenses for long-term care benefits in a false or other unlawful manner and received the payment thereof. On May 19, 2014, the Defendant issued a disposition to recover the expenses for long-term care benefits (hereinafter “instant restitution disposition”).
E. Meanwhile, the instant restitution disposition “Notice of Determination of Recovery of Long-Term Care Benefit Costs” and “A.