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(영문) 수원지방법원 2013.12.12 2013노4204
노인복지법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (based on factual errors and misapprehension of legal principles) is not a social welfare facility under the Social Welfare Services Act, but a residential welfare facility for the aged under the Welfare of Older Persons Act, and only a religious life facility that provides accommodation by receiving certain expenses for religious activities.

Therefore, there is no obligation to report under Articles 33(2) and 32(1) of the Welfare of Older Persons Act.

2. The judgment is based on the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below. In other words, the defendant, from June 28, 2004 to the point of view, (1) established two rooms on the first floor after remodeling the housing of a farming household in the wife population C from the point of Jun. 28, 2004, and established two rooms on the first floor, and (2) at the time of detection, a female elderly 24 was admitted to the elderly at the time of detection and provided accommodation to them, and was paid 60,000 won per person per month as an audit money. (2) Article 32(1)1 of the Welfare of Older Persons Act for the Aged Welfare Act for the Aged Welfare Act for the elderly welfare facilities for the elderly welfare facilities for the following facilities

1. An institution for older persons: An institution intending to provide older persons admitted thereto with meals and other conveniences necessary for their daily lives;

2. A communal living home for the aged: An institution intending to provide the aged with home-like residential circumstances, meals and other conveniences necessary for their daily life;

3. A welfare house for the aged: A welfare facility for the aged is defined as "facilities aiming to provide the aged admitted thereto with meals and other conveniences necessary for their daily life" among the facilities that provide conveniences necessary for their daily life, such as convenience, life guidance, counseling, and safety management, by selling or leasing residential facilities to the aged. The instant D church corresponds to the above institution for the aged, and (3) Meanwhile, Articles 33(2) and 32(1) of the Welfare of the Aged Act are social welfare facilities under the Social Welfare Services Act.

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