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(영문) 광주고등법원 2016.04.07 2014누6561 (1)
장기요양기관 지정취소 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On August 24, 2009, the Plaintiff was designated as a long-term care institution by the Defendant and operated a long-term care institution for senior citizens (hereinafter “instant medical care center”) under the name of “B medical care center” from the former Ham-gun Q.

(1) From November 5, 2012 to January 2013, 2013, the details of a violation of the details of an unfair disposition of the details of the details of the violation, three point five hours a day from November 1, 2012 to January 1, 2013, the medical care center of this case was actually engaged in the violation, and the remaining hours of the designation are 40,946,890 won (4 months from re-designation 4 months) Plaintiff 11 to April 2013, 2012: (a) Plaintiff 2 was not subject to the standards for the facilities of the Long-Term Care Insurance for the Aged Act, which are located in the housing facility of this case from January 5, 2012 to April 2013; (b) Nonparty 2 was not subject to the notification of the occupancy of the recipients of the violation to 30,946,890 won until December 5, 2013; (c) Nonparty 36, etc. of the Enforcement Rule of the Aged No.

B. On June 11, 2013 through April 14, 2013, the Defendant conducted an on-site investigation with regard to the instant medical care center from November 1, 2012 to April 30, 2013, and on June 26, 2013, the Defendant issued a disposition revoking designation and warning of a long-term care institution pursuant to Article 37(1)2 and 4 of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013; hereinafter “former Long-Term Care Insurance Act”) on the ground that the instant medical care center was in violation as indicated in the following table to the Plaintiff.

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