고시 무효확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From March 5, 2014, the Plaintiff established and operated a social welfare foundation B, which is a long-term care institution for long-term care in the Act on Long-Term Care Insurance for the Aged.
(1) The head of a long-term care institution shall disburse part of the expenses for long-term care benefits paid for each type of benefit pursuant to Article 38 (4) of the Act as personnel expenses for long-term care workers in accordance with the ratio specified in the following table (hereinafter referred to as "ratio of expenditure of personnel expenses"):
(1) The head of an institution for long-term care shall submit to the Service the details of expenses paid by long-term care workers in exchange for electronic documents, whenever he/she requests expenses for long-term care workers each month, to the Service, such expenses shall be submitted as follows: (a) the ratio of expenses paid by separate long-term care workers to personnel expenses incurred in nursing for older persons; (b) nursing for older persons; (c) physical care facilities; (d) social workers; (e) nursing for older persons; (e) care facilities; (e) care workers; (e) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; (f) care workers; and (f) care workers;
B. On May 24, 2017, the Defendant issued a notice on the criteria for provision of long-term care benefits and methods for calculating expenses for long-term care benefits (Notice of the Ministry of Health and Welfare No. 2017-83, hereinafter “Notice No. 1”).
C. On January 12, 2018, the Defendant issued a notice on the criteria for providing long-term care benefits and methods of calculating expenses (Notice of the Ministry of Health and Welfare No. 2018-6, hereinafter “Notice No. 2”) and revised Article 11-2 as follows:
(Article 11-3 is not amended). (1) The head of a long-term care institution shall provide the benefits by type pursuant to Article 38(4) of the Act.