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(영문) 부산지방법원 2018.02.02 2016구합22187
사업폐지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was a juristic person established to carry out welfare projects for the elderly, such as the establishment and operation of welfare facilities for the aged, and the establishment report of a sanatorium for the elderly (hereinafter referred to as the “instant sanatorium”) under the trade name of the 4 to 7th floor (hereinafter referred to as the “the building of this case”) located in the Nam-gu, Busan, and operated the instant sanatorium for the elderly.

B. On June 5, 2015, the instant building had completed the registration of ownership transfer in the 7th district Housing Redevelopment and Improvement Project Association (hereinafter “Union”) on the grounds of expropriation.

C. On April 7, 2016, the Defendant notified the Plaintiff that it would be expected to suspend the business of the instant sanatorium for the reason that the Plaintiff failed to secure ownership of the instant building, thereby violating Articles 35(3) and 43(1) of the Welfare of Older Persons Act (hereinafter “instant grounds for disposition”).

1. Violation of Articles 35 (3) and 43 (1) of the Welfare of Older Persons Act by failing to secure the ownership of a building that meets the requirements for establishment of medical welfare facilities for older persons until now after the ownership of the facility was expropriated and transferred to the redevelopment association on July 9, 2012, which caused the administrative disposition on May 2, 2012, which caused the 4-7 stories (1,708 square meters) of the building in this case (1,708 square meters) of medical welfare facilities for older persons (a sanatorium for older persons) in the day of the establishment of a medical welfare facility for older persons (a sanatorium for older persons) in the scale of the location of the facility that operates the current status of the facility

4. Disposal contents: Closure of the business.

5. Effective date: Submission of a plan for all persons admitted to the relevant facility following the discontinuation of the business on July 1, 2016: The implementation of measures for all persons admitted to the facility on June 15, 2016: He/she shall be made on June 30, 2016;

D. On April 22, 2016, the Defendant received the Plaintiff’s opinion on the instant grounds for disposition, and issued the following dispositions on May 26, 2016 (hereinafter “instant disposition”).

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