보상금환수결정처분취소
The judgment below is reversed and the case is remanded to Seoul High Court.
Plaintiff
The supplementary intervenors.
1. The grounds of appeal are examined. A.
Article 18(1) of the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “the Compensation Act”) provides that “Where a person who received compensation, etc. under this Act falls under any of the following subparagraphs, the State shall recover the whole or part of the compensation, etc.: Provided, That the State refers to cases where the compensation, etc. was paid in error” under subparagraph
Meanwhile, compensation, etc. under the Compensation Act has both the State’s compensation for special sacrifice related to special military missions and the nature of veterans affairs, as well as the nature of social security (see Supreme Court Decision 2007Du13302, Nov. 13, 2008). Accordingly, the entitlement to compensation, etc. under the Compensation Act belongs to the social security entitlement.
However, the public interest to be achieved through the cancellation of the beneficial administrative disposition in the administrative area whose content is social security benefits is the same as the financial interest that is essentially formed through the government burden, etc. while the beneficiary is in violation of private interest, such as the protection of trust and stability of legal life, etc. by the cancellation of the beneficial administrative disposition. Therefore, unless there is any cause attributable to the beneficiary intentionally or by gross negligence on the part of the beneficiary with respect to the defect in the beneficial administrative disposition, it cannot be readily concluded that the public interest needs to be more important or larger
In full view of the contents and purport of the above provisions and the unique characteristics of the revocation of beneficial administrative dispositions in the area of social security, where the disposition to recover the portion erroneously paid from the party who received compensation, etc. under Article 18(1)2 of the Compensation Act is conducted, it shall be returned again to the original state in light of whether the party has a cause attributable to intention or gross negligence with respect to the supply and demand of compensation, the amount of compensation, the time and interval between the date of payment of compensation and the date of recovery disposition