장기요양위원회 재구성
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. We examine ex officio the lawfulness of the instant lawsuit ex officio.
Under the premise that the Defendant did not constitute the committee for long-term care on the basis that the number of persons falling under each subparagraph of Article 46(2) of the Act on Long-Term Care Insurance for the Aged was equal in violation of the same paragraph, the Plaintiff seeks to set up again the committee for long-term care in conformity with Article 46(2) of the same Act, and the Defendant’s preliminary determination of the cost for home care and facility benefits under Article 39 of the Act on Long-Term Care Insurance for the Aged (16.4%, which is the minimum wage increase rate in 20
The plaintiff's lawsuit of this case is a kind of civil litigation instituted to seek correction regardless of his own legal interest when the state or a public organization's act of violation of the law is not subject to civil litigation as seeking a certain administrative act or power factual act against the state, which is an administrative subject. It constitutes a kind of civil litigation instituted to seek correction regardless of its own legal interest. It is subject to the exclusive jurisdiction of administrative court pursuant to Articles 46 and 9 of the Administrative Litigation Act.
Therefore, the instant lawsuit falls under a case where the Plaintiff filed a civil suit without intention or gross negligence, and thus, it should be transferred to the competent administrative court.
However, according to Article 45 of the Administrative Litigation Act, the plaintiff requires this court to make a different judgment, and a civil suit may be instituted only by a person prescribed by law in cases prescribed by law. Since a suit in the form of litigation in which the plaintiff is entering the Republic of Korea is not recognized by law, it is obvious that the requirements of litigation as an administrative litigation are satisfied and thus, even if it was instituted as an administrative litigation, it is improper to transfer it to the administrative court.