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(영문) 부산고등법원 2016.08.12 2016누21053
장기요양급여비용 환수처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added a decision on the matters for which the plaintiff asserts again in the trial of the court of first instance under Paragraph (2) of Article 8 of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion C, D, and E’s provision of food cooking services and F’s provision of facility environment inspection services, etc. are deemed unlawful on the premise that the cooking services, etc. are not included in the scope of caregiver’s duties, even if they are included in the scope of caregiver’s duties.

(b)be included in the general scope of duties of caregivers, including food cooking services, provided to senior citizens in need of judgment services;

However, the Act on Long-Term Care Insurance for the Aged and the Act on the Welfare of Older Persons stipulate the facility standards and criteria for employees for medical care facilities for older persons (medical care facilities for older persons), such as the Plaintiff Center. In particular, in the case of medical care facilities for older persons, one caregiver per 2.5, and the kitchen and the manager shall set the necessary number of

The purpose of this Decree for the Welfare of Older Persons Act is to stipulate the qualifications and standards for employees required for medical welfare facilities for older persons in detail is to ensure that medical welfare facilities for older persons can provide appropriate and specialized high-quality services for older persons by placing necessary professional employees in each business field when providing medical care services. A caregiver to be assigned by one person per 2.5 person for older persons should be provided with physical activities, such as the care for older persons, learning of meals, physical change in body, etc., and the scope of duties should be clearly divided between a cook and a manager.

Unlike the Plaintiff’s assertion, the Plaintiff’s assertion is above.

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