beta
Text
1. The Defendant’s disposition of business suspension for 50 days against the Plaintiff on June 23, 2016 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. From July 1, 2008, the Plaintiff had three caregivers from Seoul Special Metropolitan City, Gwanak-gu, 102 Dong 804, and operated C Care Center, a long-term care institution under the Long-Term Care Insurance Act (hereinafter “instant medical care center”).
B. The Defendant, jointly with the National Health Insurance Corporation (hereinafter “instant Corporation”), conducted a field investigation on the details of the provision of long-term care benefits to the instant medical center from February 1, 2016 to December 4, 2016 (the period subject to investigation: July 2015 to December 2015; hereinafter “instant field investigation”).
C. On May 4, 2016, the instant Corporation decided to recover KRW 4,751,810 and KRW 11,272,730, out of the expenses for long-term care benefits already paid to the Plaintiff pursuant to Article 43 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same) and notified the Plaintiff on the same day.
Specific details of care benefits provided to E and F from January 2014 to December 2015, and care benefits provided to G from September 2014 to January 2015, and from August 2015 to August 2015, and from September 2014 to December 2015, and from September 2014 to December 1, 2015, as long as care benefits provided to I actually to 90 percent of the long-term care benefits provided to I, despite the actual provision of long-term care benefits - KRW 4,751,810: from July 2015 to December 2015: 11,272,730 won: from January 2014 to December 2015;
D. On June 23, 2016, the Defendant issued a disposition to suspend business operations for 50 days (from August 15, 2016 to October 3, 2016) based on Article 37(1)4 of the former Long-Term Care Insurance Act for the Plaintiff on June 23, 2016, on the ground that the Plaintiff unduly claimed KRW 4,751,810 during the said investigation period (hereinafter “instant disposition”).