장해급여부지급처분취소
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. Lump-sum disability payment for the second degree disability disability of 6,719,90 won on August 18, 1994; the first grade disability of 12,786,730 won on June 9, 2195; the second grade disability payment for the first grade disability of 15,905,170 won on September 15, 31997; the first grade disability payment for the second grade disability of 19,391,890 won on December 19, 208; and the second grade disability of 5th grade disability of 19,399,40 won on February 18, 2002; and the first grade disability of 67,703,703,180 won on September 18, 2002; and
A. On May 10, 1993, the Plaintiff terminated treatment on February 8, 2002 due to occupational accidents, and was paid by the Defendant totaling KRW 67,703,180 (hereinafter “instant lump-sum disability compensation benefits”).
B. On May 11, 2010, the Plaintiff filed an application for disability benefits on the ground that he/she fell under class 2 of the disability grade after receiving additional medical care for dental technicians and closing treatment on June 30, 2010. However, on August 17, 2010, the Defendant determined the Plaintiff’s final disability grade corresponding to class 4 of the previous disability grade.
(hereinafter referred to as "previous Disposition"). (c)
On September 26, 2012, the Plaintiff, who was dissatisfied with the previous disposition, filed a lawsuit seeking revocation of the disposition of revocation of the payment of disability benefits by Changwon District Court 2012Gudan66, and was sentenced to a judgment ordering revocation of the previous disposition (hereinafter “instant judgment”).
The above judgment becomes final and conclusive around that time, and the defendant determined the defendant's disability grade as class 2 according to the final and conclusive judgment of this case.
On July 3, 2013, the Plaintiff filed a claim with the Defendant to pay a disability compensation annuity corresponding to class 2 of the disability grade adjustment as of July 1, 2010, which is the following month after the closing date of the final medical treatment, on the premise that the Plaintiff already received lump-sum disability compensation benefits in the instant case from the Defendant.
E. According to Article 60 of the Industrial Accident Compensation Insurance Act and Article 58 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act on July 22, 2013, the Defendant has received lump-sum disability compensation benefits after receiving additional medical care.