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(영문) 부산지방법원 2018.08.23 2018구합20628
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is operating the “C”, which is a long-term care institution under the Act on Long-Term Care Insurance for the Aged in Busan Gun (hereinafter “instant medical care institution”).

B. On June 13, 2017, the Defendant issued a disposition for six months of business suspension against the Plaintiff pursuant to Article 39-9 subparag. 1 of the Welfare of the Aged Act, Article 37(1)6(a) of the Act on Long-Term Care Insurance for the Aged, and Article 29 and [Attachment Table 2] of the Enforcement Rule of the Act on Long-Term Care Insurance for the Aged, on the grounds that the Plaintiff’s caregiver committed an act of assaulting the body or inflicting an injury on the victim of E (hereinafter “victim”).

C. On March 27, 2018, the Busan Metropolitan City Administrative Appeals Commission filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission on its objection, and the Busan Metropolitan City Administrative Appeals Commission rendered a ruling to change the above disposition of suspension of business for three months on the ground that the above disposition of suspension of business was excessive considering all circumstances, including the fact that the Plaintiff had no record of being subject to administrative disposition in violation of relevant Acts and subordinate statutes while operating the medical care institution of this case, and that the Plaintiff received a written explanation and written consent (including written consent related to physical punishment) from the guardian on July 4, 2016, when the victim was admitted to the medical care institution of this case, the Plaintiff received a written explanation and written consent (including written consent related to physical punishment), the guardian of the victim does not want to withdraw

(hereinafter referred to as the “instant disposition”). [Grounds for recognition] A-8, 13, and B-1, 2, 5, and 6 (which include each number of numbers; hereinafter the same shall apply) are written in each of the following facts: (a) there is no dispute; and (b) the purport of the whole pleadings; and (c) the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the instant disposition should be revoked in an unlawful manner due to the following reasons.

1. The notification of the disposition of this case of procedural illegality shall be the body of the beneficiary of the disposition.

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