부당이득징수결정처분취소
The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
The grounds of appeal are examined.
1. Article 84(1) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter the same) provides, “In cases where a person who received insurance benefits falls under any of the following subparagraphs, the Service shall collect the amount equivalent to the amount of such benefits (in cases falling under subparagraph 1, the amount equivalent to twice the amount of such benefits). In such cases, the amount that the Service received by claiming from the National Health Insurance Corporation, etc. pursuant to Article 90(2) shall be excluded from the amount of collection.” Article 84(1)3 provides, “Other cases where
On the other hand, the industrial accident compensation insurance system is a social insurance system that copes with the social risks of occupational accidents that occur to workers with the financial resources for insurance premiums paid by the business owner who is an insured to guarantee the livelihood of the affected workers and their families, and thus, the industrial accident compensation insurance entitlement under this system belongs to the social security entitlement.
( Constitutional Court Order 201Hun-Ba133 Decided March 29, 2012). However, the public interest to be achieved through the revocation of a beneficial administrative disposition in an administrative area with the content of social security benefits is essentially the insurance premium paid by an employer and the financial interest formed by the National Treasury burden. On the other hand, the beneficiary would suffer from infringement of private interest, such as protection of trust and stability of legal life by revocation of a beneficial administrative disposition. Thus, unless there is any intentional or gross negligence on the part of the beneficiary with respect to defects in the beneficial administrative disposition, it cannot be readily concluded that the public interest is more important or larger than the disadvantage that the beneficiary would suffer.
In full view of the contents and purport of the above provisions and the characteristics of the cancellation of beneficial administrative dispositions in the area of social security administration, the former Industrial Accident Compensation Insurance Act.