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(영문) 대구지방법원 2017.10.17 2017구합20776
장기요양급여비용 환수결정 처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation that is operating a Cmedical care center (hereinafter “instant medical care center”) in B at the time of residence, and the said medical care center is operated as a medical care communal living home on June 28, 2010 and operated as a sanatorium for the aged (not more than 30 persons) since February 26, 2014.

B. From September 20, 2016 to July 23, 2016, the Defendant and the resident market conducted a field investigation on all matters of long-term care benefits of the instant medical care institution from February 2014 to July 2016 and determined as follows.

Article 23 and 24 of the Enforcement Rule of the Long-Term Care Insurance for the Aged in Violation of the Standards for Long-Term Care for the Aged Act shall be calculated based on the criteria for placement of human resources and the criteria for the addition and reduction of expenses for long-term care benefits. However, D is exclusively in charge of cooking from March 1, 2014 to July 31, 2015 (total 17 months). ② From March 1, 2014 to December 31, 2014 (total 10 months), E is 4 hours a day off, one day a day from work, two hours a day from January 1, 2015 to February 29, 2016, which violates the criteria for placement of human resources by reporting additional expenses for long-term care benefits to a beneficiary, but the requirements for placement of human resources to a beneficiary for additional period of time from March 1, 2014 to December 31, 2015;

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