1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as follows, except for the supplement of the judgment on the plaintiff's assertion by adding it to the following Paragraph 2, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

2. Supplement of judgment

A. Article 51(2) of the Notice on the criteria for providing long-term care benefits, methods for calculating expenses for long-term care benefits, etc. on the gist of the Plaintiff’s assertion (hereinafter “the Notice of this case”) is deemed to have been actually engaged in the reported type of occupation in cases where other employees perform some of their duties because of the absence of a cook, sanitation clerk, assistant, office clerk, manager, or need to assist the cook, sanitation clerk, assistant, office clerk, or manager.

Plaintiff

A caregiver is actually engaged in the duties of a caregiver, but if it is necessary to assist the duties of a cook, he/she is merely a temporary assistant to such duties.

Therefore, when applying the standards for calculating the number of employees, the number of caregivers is re-calculated, and the reduction rate is modified and applied according to the standards for placement of caregivers, the amount of unjust enrichment to be returned to the plaintiff is only 256,547,184 won.

B. On December 22, 2016, the public notice of this case was amended by the Ministry of Health and Welfare No. 2016-242 on December 22, 2016. Article 51(2) of the same Act provides that “where the public notice of this case is absent due to lighting assistants, sanitation assistants, assistants, office assistants, administrators’ seat, holiday days, holiday days, light survey days, other employees may perform part of the duties of cooks, sanitation clerks, assistant employees, and administrators,” but the above amendment provides that “the public notice of this case may perform part of the duties of cooks, sanitation clerks, and administrators.”