beta
(영문) 서울행정법원 2015.07.30 2014구단8400

장해등급결정처분취소등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of recognition and disposition;

A. On November 23, 2012, the Plaintiff, while going beyond work at the construction site, was subject to an accident that fiffs off the left side hole (hereinafter “instant accident”) in the steel nearby, and was approved as the disease of the fiff, thals, bovine spongiformiformiformiformiformiformiformiform, the body guards, and the ciff’s ciff, etc. on November 30, 2013, and subsequently filed a claim for disability benefits with the Defendant.

B. On January 3, 2013, with respect to the Plaintiff’s state of disability, the Defendant recognized that snow disability No. 8’s disability grade No. 1, Coin’s disability grade No. 12 subparag. 7, 12’s disability grade No. 15, and that he/she adjusted the Plaintiff’s disability grade No. 7, and paid KRW 96,742,80 for lump-sum disability compensation.

C. On March 16, 2009, before the instant accident, the Plaintiff was determined as 0.5 that the vision of the unit was 0.5 that falls under class 1 of the disability grade, and the Defendant confirmed this fact around March 12, 2014, after the payment of the said lump-sum disability compensation to the Plaintiff.

Accordingly, on March 20, 2014, the Defendant issued a disposition on the Plaintiff to collect 15,547,950 won for lump sum disability compensation falling under class 1 of the above disability grade 13 as unjust enrichment (hereinafter “instant disposition”) in accordance with Articles 57 and 84(1)3 of the Industrial Accident Compensation Insurance Act, Articles 53(4)1 and 79 of the Enforcement Decree of the same Act, and Article 48 of the Enforcement Decree of the same Act.

E. Meanwhile, the Plaintiff’s Coordinate was real name due to the psychotropic disease caused by the instant accident, irrespective of the history prior to the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 3 (including family numbers), Eul evidence 1 through 3, the result of the request for the examination of medical records to the director of the Korea University Cancer Hospital at this court, the purport of the whole pleadings

2. This.