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(영문) 서울고등법원 2018.06.29 2018누38309
노인복지시설변경신고불수리취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that of the judgment of the court of first instance, and that of the judgment of the court of first instance.

In addition to using paragraphs (5) through (9) as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

B. Determination 1) The legal nature of reporting the establishment of medical welfare facilities for the aged, reporting the change of long-term care institutions for the aged’s legal nature is to prevent or detect the diseases of the aged in advance, maintain physical and mental health through proper medical care due to the conditions of the diseases, and take necessary measures to stabilize their lives, thereby contributing to the improvement of the health and welfare of the aged. In full view of the respective provisions of the Acts and subordinate statutes on the establishment of medical welfare facilities for the aged and various subsidies and benefits for medical welfare facilities under Article 35(2) of the Welfare of the Aged Act, the establishment report of medical welfare facilities for the aged is required to be received, and the administrative agencies, upon receipt of the report, have the authority to examine the substantive requirements such as compliance with the relevant Acts and subordinate statutes, such as the establishment of medical welfare facilities for the aged and operational standards for the elderly, and the establishment report of medical welfare facilities for the aged and the establishment report of medical welfare facilities for the aged and the matters necessary for the establishment and operation of the facilities under Article 35(1) of the Welfare of the Aged Act.

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