1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a representative of the elderly long-term care institution(s) “(s) B” who can offer home care for home care and visiting bathing under the Act on Long-Term Care Insurance for the Aged.

B. On November 25, 2015, the Defendant wholly amended a public notice on the criteria for provision of long-term care benefits and the calculation method of expenses for long-term care benefits, etc. by the Ministry of Health and Welfare’s public notice on November 25, 2015, and the content of Article 49 (Monthly Working Hours) is as follows, and the same until now.

Article 49 (Monthly Standard Working Hours) (1) The monthly standard working hours for each person to be engaged in the calculation of additional or reduction of expenses for benefits per person (the number of working days excluding holidays, Workers' Day and Saturdays in the relevant month x eight hours).

(2) Where a long-term care institution commences its business during a month, or suspends or closes its business, the monthly standard working hours per employee shall be [the number of working days excluding holidays, workers' day, and Saturdays during the period in which it operates its business during the relevant month]; eight hours];

C. On December 22, 2016, the Defendant amended a part of the above public announcement issued by the Ministry of Health and Welfare under Article 2016-242 of the Ministry of Health and Welfare. The content of Article 51 is as follows, and the content is identical until now.

(hereinafter referred to as “each publicly notified provision of this case”). Article 51 (Calculation Method of Number of Workers) (1) In order to calculate “one employee”, one employee must work as an occupation reported as part of the monthly working hours under Article 49, excluding recess hours.

Provided, That where a caregiver who is not a professional dementia has worked for a long-term care institution in exclusive charge of dementia at least a monthly standard working hours, one placement staff shall be calculated as 0.5.

(2) Notwithstanding the provisions of paragraph (1), where other employees perform part of their duties, they shall be deemed to have worked as types of occupation reported, because they have no kitchen, sanitation inspector, assistant, clerk, or administrator, or they need to assist cook, sanitation inspector, assistant, clerk, or administrator.