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서울행정법원 2017.06.15 2016구단65612

요양승인취소처분 등 취소 청구의 소

Text

1. On November 15, 2016, the Defendant’s notification of restitution of the amount of KRW 529,483,950 against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On July 19, 2007, the Plaintiff Company C (hereinafter “C”) was a registered director and driver, and applied for medical care to the Defendant on July 22:45, 2007, by having caused a traffic accident involving a railing on the right side of the running direction while driving a taxi in front of the front of the Yandong, Yandong-dong, Yandong-dong, Yandong-dong, Yandong-dong, Yandong-gun, and then driving the taxi (hereinafter “instant accident”).

B. Accordingly, on August 20, 2008, the Defendant rendered a disposition not to approve the Plaintiff A’s application for medical care on the ground that the Plaintiff’s application for medical care could not be considered as an employee due to the Plaintiff B and the actual business owner operating C as the representative director and wife of C.

C. Plaintiff A filed a lawsuit seeking the revocation of the Defendant’s refusal of medical care approval as Seoul Administrative Court Decision 2007Gudan15318, and on November 10, 2008, the above court rendered a judgment accepting Plaintiff A’s claim on the grounds that Plaintiff A’s employee is recognized. As to this, the Defendant appealed with Seoul High Court Decision 2008Nu36298, but the appeal was dismissed on July 14, 2009, and the judgment became final and conclusive around that time.

(hereinafter referred to as the “final judgment of this case”) D.

As such, the judgment revoking the non-approval disposition for the medical care became final and conclusive, the Defendant approved the medical care (hereinafter “prior disposition in this case”) on August 14, 2009 with respect to the injury to less than the Plaintiff’s brain, the following leg dykes, the plekes, the left-side dykes, etc., and accordingly, provided the Plaintiff with temporary layoff benefits, medical care benefits, disability benefits, and nursing benefits.

E. Meanwhile, while under the influence of alcohol level 0.087%, Plaintiff A caused the instant accident, thereby causing the death of one passenger, and the other passenger.