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(영문) 서울고등법원 2019.09.19 2019누32445
업무정지처분 취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for a partial modification as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] Part 3 of the judgment of the court of first instance is sentenced to the sentence of "No. 13," and the judgment dismissing the appeal by Seoul High Court 2018Nu76943 on August 23, 2019. The above judgment became final and conclusive because the plaintiff did not appeal."

Part 3 of the judgment of the first instance court (based on recognition), "this court shall add "any significant fact" to 14.

Part 8 through 8 of the judgment of the first instance court are as shown in the following box.

B. 1) Determination as to the ground for Disposition 2: (a) if an administrative agency was prepared with a written confirmation from the investigating party to the investigation in the course of conducting a field investigation, the following facts are acknowledged if the written confirmation is more likely to have the overall purport of oral pleadings in each of the statements in Articles 4, 6 through 8, 4, and 9 through 12, barring special circumstances, such as that it is difficult to take the written confirmation as evidentiary materials for specific facts due to a lack of content or a lack of content, etc. against the will of the originator (see, e.g., Supreme Court Decision 2015Du2864, Jul. 11, 2017).

① Beneficiary D, C, and E are beneficiaries of long-term care class 4 and Article 40(3)2 of the former Long-Term Care Insurance Act, and in the case of long-term care class 4, according to the former public notice on the criteria for providing long-term care benefits and the calculation method of expenses for long-term care benefits (amended by the Ministry of Health and Welfare No. 2016-242, Dec. 22, 2016), each of the expenses for long-term care benefits per day is KRW 43,870, and the amount is KRW 1,359,970 when converted into that 31 days, among them, D, C, and E bears burden

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