beta
(영문) 서울행정법원 2018.11.08 2018구합56800

고시 위헌 무효

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the instant public notice

A. The Plaintiff is operating long-term care institutions under the Long-Term Care Insurance for the Aged.

B. On December 22, 2016, the Defendant amended part of the notification (Notice of the Ministry of Health and Welfare No. 2016-242, hereinafter “instant first notification”) on the criteria for providing long-term care benefits, methods for calculating expenses, etc., including the following details, and Articles 49, 50, and 51 of this Decree are as follows: < Amended by Act No. 49, Dec. 1, 2016; Act No. 4947, Dec. 2, 2016; Act No. 10554, Apr. 1, 2016; Act No. 10064, Jan. 22, 2016; Act No. 10060, Jan. 22, 2016; Act No. 10060, Jan. 24, 201>

Provided, That where a caregiver who is not a professional dementia has worked for a long-term care institution in exclusive charge of dementia at least a monthly standard working hours, one placement staff shall be calculated as 0.5.

(2) Notwithstanding the provisions of paragraph (1), where other employees perform part of their duties, they shall be deemed to have worked as types of occupation reported, because they have no kitchen, sanitation inspector, assistant, clerk, or administrator, or they need to assist cook, sanitation inspector, assistant, clerk, or administrator.