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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 is operating a sanatorium for older persons (the representative is D who is the Plaintiff’s children; hereinafter “C”) under the name of “C” on the first floor of the building in Suwon-si, Suwon-si, Suwon-si, and a sanatorium for older persons (hereinafter “the instant sanatorium”) under the name of “E” on the second floor and the third floor of the same building.
B. During the period from March 2010 to December 2012, C’s assistant nurse was reported by F (the former name is “G”) who is the Plaintiff’s wife. The assistant nurse of the instant medical care center was reported by H (from March 2010 to July 2012), I (from August 2010 to October 201), and J (from October 2012 to December 201).
(hereinafter referred to as “H, etc.” by collectively referring H, I, and J) and K, who is his father, was reported as an assistant nurse of the instant medical center from July 201 to July 201.
C. On February 2013, the Defendant conducted on-site investigations on the instant medical care center during the period from January 2010 to December 2012.
As a result of the investigation, the Defendant: (a) as the representative’s spouse, F, as a C’s assistant nurse, mainly performed the duties of a beneficiary, guardian, interview and manager during the day; and (b) provided irregular nursing services only when there is no night or no assistant nurse; (c) accordingly, H, etc., the assistant nurse of the instant medical care center, concurrently provided nursing services to both the instant medical care center and C, did not work for at least 160 hours a month at the instant medical care center; and (b) K provided nursing services from the instant medical care center to July 2, 2011 to the instant medical care center, but concluded that it was exclusively dedicated to the duties of care without providing nursing services from January 2012.
Based on the aforementioned results of the investigation, the Defendant: (a) the Plaintiff on August 8, 2013; and (b) the Plaintiff from the instant medical care center to May 2011; and (c) on June 2012.