1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff, who is a social welfare foundation that operates a mental health sanatorium and a sanatorium for older persons pursuant to the Social Welfare Services Act, has the main office under the Dong-gu Busan Metropolitan City C Building and D, and on December 26, 2005, established and operated B Medical Care Center (hereinafter “instant Medical Care Center”) in F with permission for the establishment from the E market on December 26, 2005.

As the term of office of the director G, who is the director of the instant medical center, expired on March 31, 2018, the Plaintiff held a board of directors on April 9, 2018 and decided to appoint H as a new director of the instant medical center (hereinafter “facility director”) on April 10, 2018, and notified this fact to the instant medical center.

On April 20, 2018, H, who was the head of the instant medical center, submitted an application for permission to change the mental health sanatorium to the purport that the head of the instant medical center’s facility has changed from “G” to “H”, and the E market, upon granting permission to change the above change (hereinafter “instant permission”), issued I a certificate of permission to establish the mental health sanatorium to the instant medical center.

Meanwhile, since H was appointed as a public official in E on July 27, 1983 and started his/her service, on January 16, 2015, he/she was promoted to Grade V local health officials at the E Si public health center from January 16, 2015 to January 10, 2017, and the head of the public health sanitation division from the following day to December 31, 2017, retired from office, and then retired from office. At the time of the commencement of his/her service, he/she took charge of all relevant affairs and projects for rehabilitation of mentally ill persons and those who suffer from Hansen’s disease.

Article 35(2)3 of the Social Welfare Services Act provides that the Defendant, on May 10, 2018, appointed H as the head of the instant medical care center on the part of the Plaintiff.