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(영문) 서울고등법원 2016.05.20 2015누57774
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following parts, following the fifth of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

Article 22(1) [Attachment 4] of the Enforcement Rule of the Welfare of Older Persons Act provides that the above criteria shall not be satisfied in relation to the facility standards and criteria for employee placement of medical welfare facilities for older persons, provided that a doctor is able to provide a superior quality medical care service if he/she performs the role of a nurse, and that the above criteria are contrary to the Constitution. The above standards provide that one doctor or one commissioned doctor, one nurse, and one nurse shall be placed per 25 inmates if the number of inmates is at least 30 persons admitted to the hospital. The contents and characteristics of each doctor and one nurse are different, and the other medical care service is provided within the scope of his/her license. In addition, the above standards provide for placement standards for medical care to each inmate within the scope of his/her license, and when interpreting the above standards as alleged by the plaintiff, it cannot be deemed that the above provisions violate the Constitution in full view of the following: (a) whether the above criteria are complied with and the supervision over them is difficult."

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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