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(영문) 대구고등법원 2018.01.12 2017누4506
업무정지처분취소
Text

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.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the written evidence Nos. 4, 6, and 15 of the judgment of the court of first instance (which alone is written in the evidence Nos. 4, 6, and 15 of the first instance and the testimony of the witness I of the court of first instance alone are insufficient to reverse the aforementioned facts; and (b) the reasoning of the judgment of the court of first instance is as stated in the part of the first instance, except for adding the judgment on the Plaintiff’s assertion as follows; (c) thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On November 25, 2015, the Ministry of Health and Welfare amended the Act on the Guidelines for the Provision of Long-Term Care Benefits and the Methods of Calculating Expenses by the Ministry of Health and Welfare. Article 51(1) of the amended Act provides for the method of calculating the number of employees “in order to calculate the number of employees to “one person working” as “one person working on a monthly basis pursuant to Article 49 excluding recess hours, one employee must work as one person working on a monthly basis.” Article 51(2) provides for the method of calculating the number of employees “Notwithstanding paragraph (1), if there is no other employee due to cooking, sanitation, assistant, office worker, manager’s seat, holiday, holiday, day of holidays, light survey, etc., the Ministry of Health and Welfare provides other employees with the provision on the method of calculating the number of employees working on a monthly basis pursuant to Article 49 excluding recess hours, or the Ministry of Health and Welfare provides other employees with the provision on the method of calculating expenses for long-term care benefits.”

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