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(영문) 서울고등법원(춘천) 2020.07.20 2019누2072
장기요양기관지정취소처분취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined by the court of first instance and the court of first instance are justifiable.

Therefore, the reasoning of the judgment of this court is to be amended or added as follows, and the reasoning of the judgment of the court of first instance is to be rejected as evidence submitted by the plaintiff to the court of first instance and this court, which is insufficient to reverse the recognition of the first instance court that the plaintiff filed the application for the designation of this case by false or other unlawful means. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the plaintiff's additional determination as to the assertion added by this court as provided in paragraph (2). Thus, this is to be cited in accordance with Article

The Act on Long-Term Care Insurance for the Aged (amended by Act No. 15881, Dec. 11, 2018; hereinafter referred to as the “long-Term Care Insurance for the Aged”) shall be amended to 6 lines in the first instance judgment.

The Enforcement Rule of the Act on Long-Term Care Insurance for the Aged (amended by Ordinance of the Ministry of Health and Welfare No. 639, Jun. 12, 2019; hereinafter referred to as the "Enforcement Rule of the Act on Long-Term Care Insurance for the Aged") shall be amended to 8 pages of the first instance judgment.

The court of first instance shall revise the 5th page of the judgment to include “the signature was sought to be” in the data to be “the signature was sought to be included.”

The 6th part of the judgment of the first instance is amended to “a change or the plaintiff filed an application for designation different from the fact”.

The 7th of the judgment of the first instance court tried to sign 2 lines inside the 7th letter box. The party concerned signed and tried to include “the party concerned” in the material, and thus the Plaintiff’s agent revised it to “the data.”

The 7th sentence of the judgment of the first instance shall be amended to “the Plaintiff’s agent” as “the Plaintiff’s agent.”

The following provisions shall be added below 13 lines in the judgment of the first instance:

Article 31 (Legal Fiction of Welfare Facilities for the Aged)

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