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 the representative of B who is a long-term care institution (hereinafter “instant medical care institution”) as a sanatorium for older persons located in Busan Dong-gu.

B. As a result of an on-site investigation conducted with the National Health Insurance Corporation from March 14, 2016 to March 17, 2016, the Defendant reported the working hours as a caregiver and received 108,097,030 won (the average monthly unfair amount of 3,002,695 won, and 20.73% unfair rate of 20.73%) for the suspension of business on June 20, 2016 (from March 14, 2016 to January 14, 2014, to May 2015, the Defendant issued a disposition of 118 days for suspension of business (from July 14, 2016 to November 8, 2016) against the Plaintiff.

(hereinafter referred to as “instant disposition”) a disposition mitigated in an administrative appeal; (c)

The plaintiff filed an administrative appeal, and the Busan Metropolitan City Administrative Appeals Commission changed the disposition of 118 days of business suspension on July 26, 2016 to 90 days of business suspension.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① The Defendant, inasmuch as it received a confirmation document by requiring the originator to prepare a confirmation document against the will of the originator C, etc. or by conducting an leading examination, causing errors to the originator, procedural errors are found in the investigation process.

② C worked as a caregiver from March 2013 to January 2014, 2014, from March 3, 2014 to May 2015, and during that period only shared cooking duties with other caregivers, and C did not take full charge of cooking duties.

③ According to the Ministry of Health and Welfare’s guidelines, it is deemed that a caregiver is able to perform some of other duties, such as cooking and hygiene. According to the Enforcement Rule of the Welfare of Older Persons Act, a cook is able to employ necessary numbers, and the Plaintiff is believed to be engaged in such