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(영문) 수원지방법원 2013.05.02 2013노501

노인복지법위반

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The defendant's appeal is dismissed.

The request for adjudication on the constitutionality of the instant case is dismissed.

Reasons

1. The gist of the grounds for appeal is in violation of Articles 11(1), 13(1), 14, 15, and 20 of the Constitution, provided that a religious facility is included in “age-long facilities” under Article 32(1)1 of the Welfare of Older Persons Act, and therefore, “D” operated by the Defendant is not a social welfare facility to which the Social Welfare Services Act apply, and thus, there is no obligation to report under Articles 33(2) and 32(1) of the Welfare of Older Persons Act.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The judgment is based on the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant: (i) installed 7 rooms on the first floor of the 2nd floor of the 1st floor after remodelling the 2nd floor of the 11st floor of the 1st unit; (ii) installed 2 to 3 units of the 11 unit of the 11 unit of the 1st unit of the 2nd unit of the 1st unit of the 2nd unit of the 1st unit of the 32th unit of the 2nd unit of the 1st unit of the 32th unit of the Welfare of the Aged Act; and (iii) received 400,000 won per 1 unit of the 4th unit of the

1. An institution for older persons: An institution intending to provide older persons admitted thereto with meals and other conveniences necessary for their daily lives;

2. A communal living home for the aged: An institution intending to provide the aged with home-like residential circumstances, meals and other conveniences necessary for their daily life;

3. A welfare house for the aged: The purpose of providing the aged admitted to an institution for the aged and providing them with meals and other convenience necessary for their daily lives, among the facilities that provide conveniences necessary for their daily lives, such as convenience of residence, guidance for life, consultation and safety management, by selling or leasing the residential facilities to the aged.