1. The Defendant’s disposition of suspension of business against the Plaintiff on December 29, 2016 is revoked for six months.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. The Plaintiff is a person who establishes and operates a “Cmedical care center” (hereinafter “instant medical care center”) under the Act on Long-Term Care Insurance for Long-Term Care in Seosan-si.

B. At around 00:35 on November 17, 2016, the Defendant issued a disposition of suspension of business for six months pursuant to Article 37 of the Long-Term Care Insurance Act on the ground that “Adversor D’s care device for the elderly E (hereinafter “victim”) was under dispute during the process of raising a life and body of the elderly E (hereinafter “victim”) admitted to the Medical Care Center,” and that the act constitutes assaulting a beneficiary’s body or inflicting bodily injury (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The assault accident that occurred on November 17, 2016 (hereinafter “instant assault accident”)

(2) The instant disposition is unlawful as it excessively infringes on the Plaintiff’s property right and the right to health of the beneficiaries, etc., in light of the following: (a) the instant disposition is deemed to have a negative impact on the life of the inmates and their guardians due to the lack of medical care institutions, and (b) the Plaintiff does not have any similar problem before and after the occurrence of the instant case; and (c) the Plaintiff does not endeavor to protect the elderly and to ensure the safety of the caregiver from time to time while carrying out education for caregivers from time to time; (d) the instant disposition is deemed unlawful as it excessively infringes on the Plaintiff’s property right and the right to health of the beneficiaries, etc., in violation of the proportionality principle.

3 The instant disposition is an abuse of discretion, since it was taken without considering the cause, content, and degree of the violation.