1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person operating Cmedical Care Center, a long-term care institution under the Act on Long-Term Care Insurance for Long-Term Care in the third floor of the Bupyeong-gu Incheon Metropolitan City B building (hereinafter “C Medical Care Center”).

나. C요양원의 요양보호사인 D는 2014. 3. 12. 14:20경 C요양원 목욕실 내에서, 수급자인 E(이하 ‘피해수급자’라고 한다)를 목욕시키고 옷을 갈아입히던 중 피해수급자가 입가에 흘린 가래를 닦아주려 하다가 피해수급자로부터 손가락을 물리게 되었는데, 손가락을 빼내려고 했으나 피해수급자가 계속 깨문 채 놓아주지 않자 손가락을 빼내기 위하여 피해수급자의 양 젖꼭지 부위를 꼬집어서 손가락을 빼내었고 그로 인하여 피해수급자에게 14일간의 치료를 요하는 흉곽 전벽의 타박상을 입혔다

(hereinafter “instant injury accident”). C.

D was prosecuted as a crime of injury in relation to the instant accident (In Incheon District Court Decision 2014Da3662, Oct. 10, 2014) and was convicted of a fine of 50,000 won on October 10, 2014. D’s appeal (In Incheon District Court Decision 2014No3662, Nov. 28, 2014) was dismissed on November 28, 2014, and the judgment of the first instance became final and conclusive on December 6, 2014.

On June 20, 2016, the Defendant: (a) against the Plaintiff, Article 37(1)6 of the Act on Long-Term Care Insurance for the Aged that “the employee of a long-term care institution committed an act of inflicting bodily injury upon the beneficiary.”

Subject to Article 29 [Attachment 2] of the Enforcement Rule of the same Act, a disposition of suspension of business for six months was taken.

E. On June 29, 2016, the Plaintiff filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission seeking revocation of business suspension or change of disposition of penalty surcharge, and the Incheon Metropolitan City Administrative Appeals Commission’s business suspension on July 25, 2016 meets the criteria for disposition prescribed in Article 29 [Attachment 2] of the Enforcement Rule of the Act on Long-Term Care Insurance for the Aged, but the said Enforcement Rule is merely an internal business performance rule of the administrative agency.