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(영문) 대구지방법원 2014.10.24 2014구합771
장기요양기관지정취소처분 취소
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 operates C, a sanatorium for older persons under the Welfare of Older Persons Act (hereinafter “instant medical care institution”), in the Sung-gun B of Seongbuk-do, and the instant medical care institution was designated as a long-term care institution from the Defendant on May 20, 2008 pursuant to Article 31 of the Act on Long-Term Care Insurance for Older Persons.

B. On March 5, 2014 to March 17, 2014, the Defendant and the National Health Insurance Corporation conducted a field investigation on the details of long-term care benefits on the instant medical care institution on February 2, 2011 or January 17, 2014, and the long-term care institution did not unfairly request for the provision of long-term care benefits pursuant to Article 31(2) of the Long-term Care Insurance Act, Article 23(2)2 of the Enforcement Rule of the same Act, Article 35(3) of the Welfare of the Aged Act, and Article 22(1) [Attachment Table 4] 6 of the Enforcement Rule of the same Act, the Defendant and the National Health Insurance Corporation must assign a certain number of caregivers compared to the admitted, D, E, G, and H laund. While taking exclusive charge of the management of the instant medical care institution, the Plaintiff did not work for 160 hours a month while taking charge of worship duties as a tugboat.

C. Accordingly, on March 20, 2014, the Defendant received a notice of prior notice of disposition and submission of opinions from the Plaintiff on the 24th of the same month, and held a hearing on the 31st of the same month, and on April 9, 2014, issued a disposition to revoke a long-term care institution (hereinafter “instant disposition”) pursuant to Article 37(1)4 of the Act on Long-Term Care Insurance for the Aged (i.e., the period during which re-designation is prohibited: May 1, 2014 to August 31, 2014).

On May 26, 2014, the Plaintiff filed an administrative appeal, and the Gyeongbuk-do Administrative Appeals Commission dismissed the request.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 2 through 8, and 13 (including each number).

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