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(영문) 서울행정법원 2018.07.12 2017구합80059
장기요양급여비용 환수결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details and details of the disposition

A. The Plaintiff was designated and operated as a long-term care institution by the Cmedical care center for older persons (hereinafter “instant medical care center”), which is a sanatorium for older persons, in the Seocho-gu Busan Metropolitan City.

B. On June 21, 2017, the Defendant issued a disposition to recover expenses for long-term care benefits of KRW 97,405,290 based on Articles 43(1)3 and 37(1)4 of the former Long-Term Care Insurance Act (amended by Act No. 13647, Dec. 29, 2015; hereinafter the same) on the ground that “the Plaintiff claimed and received facility benefits costs by fraudulent or other illegal means, as indicated in the table on the grounds for disposition in the following.”

The Plaintiff, in violation of the criteria for placement of human resources for reasons for disposition, filed a request with D as a social worker, from January 1, 2016 to November 31, 2016, to whom other long-term care institutions have worked for less than the standard working hours per month, and filed a report that E as a social worker has worked for more than 176 hours per month even though it has worked for less than the standard working hours per month on November 2016, and ③ the F as a caregiver reported was 14 to 176 hours per month although it was 16 hours per month, and 16 hours per month, 14 to 176 hours per month even though it was 14 to 26 hours per month, 16 hours per month, and 14 to 26 hours per month, 20 days per month, and 14 to 16 hours per month, and 24 hours per month, even if it was reported as a caregiver reported as a caregiver.

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