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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff has established and operated the so-called “Specialized Care Center” under the Act on Long-Term Care Insurance for the Aged (hereinafter “instant Medical Care Center”) upon being designated as a long-term care institution.
B. The Defendant’s first on-site investigation and warning disposition against the Plaintiff was conducted from January 28, 201 to February 8, 2011 by making the investigation period from February 2010 to December 201 (10 months) on the instant medical care center. On September 25, 2012, the Defendant issued a warning to the Plaintiff on the ground that the instant medical care center violated Article 37(1) of the former Enforcement Rule of the Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013; hereinafter “former Enforcement Rule”) on the ground that the instant medical care center violated the guidelines for additional placement of human resources, thereby unfairly demanding the Plaintiff to pay KRW 319,60,59,580 (unfair rate of 0.65%) out of the total amount of expenses for the care benefits in violation of the guidelines for additional placement of human resources.
C. The Defendant’s second on-site investigation against the Plaintiff and the revocation of the designation of a long-term care institution was jointly conducted with the National Health Insurance Corporation for the investigation period from March 18, 2014 to January 21, 2014 (six months) and conducted an on-site investigation with respect to the instant medical care institution from August 18, 2013 to January 21, 2014. On October 2, 2014, the Defendant issued a disposition revoking the designation of a long-term care institution pursuant to Article 29 of the former Enforcement Rule (hereinafter “instant disposition”) on the ground that the instant medical care institution’s five beneficiaries A, etc., including the beneficiary A, were calculated as one day, not an on-the-day fee, and that the amount of KRW 5,277,240 (09% of the total amount of expenses for benefits was 543,452,020,000) was unjustly claimed (hereinafter “instant violation”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 are numbers.