1. The revocation of the designation made by the Defendant against the Plaintiff on May 24, 2019 shall be revoked.

2. The litigation costs shall be borne by the defendant.

1. Details of the disposition;

A. The Plaintiff is a corporation for the purpose of establishing and operating a sanatorium for older persons, and operates the C Care Center located in the Gyeongbuk-gun B (hereinafter “instant Medical Care Center”).

B. On November 21, 2018, the medical care center D and the president E used assaulting the victim who was admitted to the instant medical care center.

At the time, two caregivers, such as D, were not installed in a room in which two inmates live, and one of them was replaced by the base of the victim.

C. On April 8, 2019, an institution specializing in protecting older persons was found to have suffered physical abuse, emotional abuse, sexual abuse, and neglect on April 24, 2019, following a field investigation conducted on April 10, 2019.

Among them, the purport of the sexual abuse is that “an act of replacing diapers without using a mound despite the existence of a person admitted to the same room constitutes sexual abuse.”

On May 24, 2019, the Defendant issued a disposition to revoke the designation of a long-term care institution for the following reasons against the Plaintiff:

(hereinafter “Disposition in this case”) Date and time of violation: Violation on November 21, 2018: sexual assault, sexual harassment, etc. (Violation of Article 37(1) of the Act on Long-Term Care Insurance for the Aged)

E. D and E were accused of violating the Welfare of Older Persons Act with respect to the act of assaulting a victim. However, on July 18, 2019, they received a decision not to prosecute each of the prosecutions at the west District Prosecutors' Office in Daegu District Prosecutors' Office.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition should be revoked on the ground that it is unlawful for the following reasons.

1. A caregiver is not to be installed within the boundary of the caregiver.