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(영문) 의정부지방법원 2019.05.14 2018구합14719

업무정지처분취소

Text

1. The Defendant’s disposition of business suspension for six months against the Plaintiff on June 1, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

The Plaintiff is operating the “C Care Center”, a long-term care institution under the Act on Long-Term Care Insurance for Long-Term Care in the City of Pakistan (hereinafter “instant medical care center”).

On January 29, 2018, around 06:27, the Plaintiff’s caregiver D (hereinafter referred to as “victim”) was trying to be placed on a correct place, and the victim continued to drive his/her arms and legs, and laid down his/her arms and legs toward his/her chest, followed up the victim’s hand on one occasion. During that process, the victim suffered approximately 12 weeks of her arms and legs.

On June 1, 2018, the Defendant issued a disposition for six months of business suspension (hereinafter “instant disposition”) based on Article 37(1)6 of the Act on Long-Term Care Insurance for the Aged (hereinafter “the Act”) to the Plaintiff based on the details of “an act of assaulting the body of a beneficiary.”

[Grounds for recognition] The plaintiff asserts that the disposition of this case in this case should be revoked in an unlawful manner due to the following reasons, as to the non-contentious facts, Gap evidence 1, 6, 14, Eul evidence 2, and the purport of the whole pleading and the purport of the whole pleading.

Article 23(1) of the Administrative Procedures Act stipulates that “an act of assaulting a recipient’s body” is “an act of assaulting the recipient’s body,” but it does not stipulate the grounds for disposition, thereby violating the duty of presentation of reasons under Article 23(1)

D’s act is a minor act that inevitably occurred in the course of care for the victim, and does not constitute the elements of violence or injury, and there is no intent of assault or injury, and constitutes a justifiable act that does not violate social rules based on the duties of a caregiver, and the guardian did not notify E of the fact that he had been performed by a high breath in the past.