1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation as to this case is as follows, except for the addition of the judgment as to the plaintiff's assertion again in the trial, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The instant disposition, based on the premise that cooking duties are not included in the scope of caregiver duties, is illegal even if it is included in the scope of caregiver duties, as a daily life support service provided to the aged who need recuperation services under the Welfare of Older Persons Act and subordinate statutes of the Plaintiff.

B. The Act on Long-Term Care Insurance for Older Persons and the Welfare of Older Persons established the facility standards and criteria for employees for medical welfare facilities, such as the instant medical care center, and in particular, the standards for one caregiver per 2.5 persons admitted to a sanatorium and the number of cooks to be assigned as necessary.

The purpose of this Decree for the Welfare of Older Persons Act is to stipulate the qualifications and standards for employees required for medical welfare facilities for older persons, and to provide proper and specialized high-quality services for older persons by placing medical care facilities for older persons necessary professionals in each business field when providing medical care services. A caregiver to be assigned by one person per 2.5 person for older persons should be the main business of supporting physical activities, such as the care for older persons, learning of meals, physical change in body, etc., and the scope of duties of the kitchen should be clearly divided.

Unlike the plaintiff's assertion, if the above caregiver performs the duties of a cook who is required to be arranged as "necessary", one caregiver is in charge of physical activities support in a sick room where one caregiver is provided.