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(영문) 서울행정법원 2018.02.07 2016구단62842

장해등급재결정처분등 취소

Text

1. On July 26, 2016, a disposition taken by the Defendant against the Plaintiff to collect unjust enrichment shall be revoked.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On May 9, 2006, the Plaintiff was suffering from a disaster falling into the floor of the Do which causes approximately 2 meters high-level 2 meters of the Do-based structures, among the Do-based pipes installed in the TVC 50 pipe installation (hereinafter “the instant disaster”), and received a disability pension from the Defendant on June 30, 2007, with the approval of medical care for the injury and disease of “brain, brain cerebralopty, cerebralopty, pulmonal cerebralopty, external cerebralopty, external saloptysis, the left dule, and the liveralopty,” and filed a claim for disability benefits with the Defendant, and received disability pension from the Defendant on the basis of the adjustment of the disability grade by the parts below (hereinafter “previous disability grade determination”).

- Mental/mentality: general class 2 grade 05 (persons whose physical or mental functions are to remain and be in need of nursing from time to time): 11 grade 05 in general (persons whose physical disorder is to be in need of nursing) - arms: General class 12 grade 06 (one part of the three parts of arms whose physical disorder is to be suffered from time to time): 12 grade 06 in general (one part of the three parts of arms);

B. On July 11, 2016, the Defendant notified the Defendant’s Insurance Investigation Division of the Defendant’s headquarters that the Plaintiff’s disability status falls short of class 1 at the time of recovery, and deliberated on the Plaintiff’s disability status at the time of the first determination of disability by holding an advisory council on July 11, 2016.

C. As a result of confirmation by the panel of advisory doctors on July 26, 2016, the Defendant: (a) was confirmed on the Plaintiff on July 26, 2016, the Plaintiff’s mental disorder was confirmed to be “a person who has not been engaged in the work except for the easy thirrance with the function of the neurotic system”; and (b) was retroactively cancelled the first grade of the adjustment disability; and (c) was determined by changing the disability to class 6 of the adjustment disability (hereinafter “instant re-determination”), which was paid from July 1, 2007 to the date, recovered the difference of the annual disability rating of 158,438,680 won as unjust enrichment; and (d) the instant re-determination and the instant collection disposition.