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

A. On February 25, 2012, while serving as a taxi engineer at a promotion taxi company, the Plaintiff suffered from the injury of “the pressure frame No. 4 in the margin, the left-hand 5th margin, open standings in and around snow areas, open standings in and around snow areas, and open standings in and around unknown heads,” which was recognized as an occupational accident, and received medical care from the Defendant for the above injury.

B. On July 6, 2012, the Plaintiff applied for temporary layoff benefits to the Defendant and received KRW 4,580,000 from the Defendant during the period from February 26, 2012 to June 29, 2012.

C. From May 14, 2012 to June 2, 2012, the Defendant confirmed the fact that the Plaintiff was employed in Sam-si Stock Company and received wages. On July 31, 2013, the Defendant rendered a decision to collect KRW 1,465,600, out of temporary layoff benefits already paid on the ground that the Plaintiff received insurance benefits by fraud or other improper means (hereinafter “instant disposition”).

On July 10, 2014, the Plaintiff filed a request for examination with respect to the instant disposition. However, on August 25, 2014, the Defendant filed a request for examination on the ground that the Plaintiff did not comply with the due time limit for filing a request for examination.

Therefore, the plaintiff filed a request for reexamination, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the plaintiff's request for reexamination on the same ground on December 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3 to 9, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s defense prior to the merits is an unlawful lawsuit that was filed after the period for filing the instant lawsuit expired.

(b) A revocation suit that contests the disposition, etc. of the judgment administrative agency shall be instituted within 90 days from the date on which the relevant disposition is known, and in the case of going through an administrative appeal, within 90 days from the date of receiving the original copy of the written adjudication.