1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 18, 2017, the Plaintiff filed an application for deliberation with the Defendant in order to newly build medical facilities on the B large 1362.7 square meters (hereinafter “instant site”) of Busan Seo-gu, Busan, for the purpose of establishing and operating medical institutions. On January 24, 2017, the Defendant notified the Plaintiff of the results of deliberation by the Seocho-gu landscape committee.

B. On February 13, 2017, the Plaintiff obtained a new construction permit for medical facilities on the instant site, and operated C (hereinafter “instant hospital”) under the Medical Service Act (hereinafter “instant hospital”) with the permission for opening a medical institution on April 1, 2019 with regard to the building site area of 1,362.7 square meters, building area of 806.86 square meters, total floor area of 10,241.51 square meters, and the 11st floor above ground. The Plaintiff was subject to a disposition for the use of the building on March 21, 2019.

C. On October 31, 2019, the Plaintiff: (a) changed the hospitalization room in the instant medical institution from four to six rooms; (b) filed an application for change of the matters requiring permission to establish a medical institution with the number of sickbeds of 36 to 164 sickbeds (1,808.44 square meters); (c) on November 11, 2019, the Defendant rejected an application for change of the matters requiring permission to establish a medical institution on the ground that “it is inappropriate to meet the standards for medical institution facilities prescribed in Article 36 of the Medical Service Act and Article 34 of the Enforcement Rule of the same Act” (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 11 and Eul evidence 1 (including branch numbers in case of additional evidence), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to subparagraph 1 (b) of attached Table 4 of the Enforcement Rule of the Medical Service Act (amended by Ordinance of the Ministry of Health and Welfare No. 484, Mar. 7, 2017; hereinafter “Enforcement Rule of the amended Medical Service Act”), the area of a hospital shall be at least 6.3 square meters per patient. According to Article 4(3)1 of the Addenda, at the time of the enforcement of this Rule, subparagraph 3 (d) and (e) of attached Table 1 of the Enforcement Decree of