1. Of the improvement order that the Defendant issued to the Plaintiff on January 10, 2018, non-designated donations used for purposes other than those pertaining to the Plaintiff corporation.

1. Details of the disposition;

A. The Plaintiff is a social welfare foundation established on May 16, 1957 for the purpose of operating a sanatorium for adult mentally ill persons, etc., and is operating B, a mental health sanatorium located in Asan City C (hereinafter “instant sanatorium”).

B. The Minister of Health and Welfare conducted on-site investigations on the Plaintiff corporation and the sanatorium of this case from September 4, 2017 to September 8, 2017, and notified the Defendant of the detection. In accordance with the above notification, the Defendant issued the following dispositions (hereinafter “instant disposition”) on January 10, 2018, following prior notification and the submission of opinions with respect to the Plaintiff.

Articles 34 (3) and 45 (Management of Support Payments) of the Child Welfare Services Act of this case - Articles 34 (Establishment of Social Welfare Facilities) and 45 (Management of Support Payments) of the Child Welfare Services Act - improper use of non-designated support payments for any purpose other than the purpose of designation, and improper use of paid admission fees - Payment of personnel expenses (subsidies) due to erroneous determination of salary class for the operator of the facility - Refund of 94,517,290 won for non-designated support payments used for any purpose other than the purpose - Refund of 94,517,290 won - Refund of expenses for illegal use- Refund of 16,587,327 won for oil and valuables - Management of support payments used for any purpose other than the purpose of non-designated support payments - Order for improvement of non-designated support payments - Order for use of non-designated support payments - Refund of non-designated support payments - Refund of support payments / [Recognition grounds] 1, 2, 324,000 won.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The Defendant did not specify specific violations at the time of the instant disposition. This ought to be revoked by an unlawful disposition violating Article 23(1) of the Administrative Procedures Act. 2) The portion of the return of non-designated donations for the purpose other than the purpose of the Plaintiff corporation and the sanatorium is the matter of the guidance to manage the social welfare foundation.