보상금환수처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 1, 2005, the Plaintiff filed an application for payment of compensation (hereinafter “instant application”) under the Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Compensation Act”) on the ground that the Plaintiff performed a special duty to the Defendant.
B. After recognizing the fact of performing the Plaintiff’s special duties, the Defendant rendered a decision to pay KRW 137,476,680 on November 27, 2007 (hereinafter “instant decision on compensation”), and the Plaintiff consented to the said decision and received compensation.
C. On June 29, 2010, the Defendant rendered ex officio a decision to recover the full amount of compensation according to the instant compensation decision pursuant to Article 18(1) of the Compensation Act on the ground that the Plaintiff was confirmed as the support personnel who failed to perform his/her duties, as a result of review of the instant compensation decision.
(hereinafter referred to as “instant disposition”). 【No ground for recognition”, “A”, “A”, and “Nos. 1, 3 (including virtual numbers; hereinafter the same shall apply), and 4.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) According to Article 17-2 of the Compensation Act, when the applicant consents to the decision on the payment of compensation, etc., a judicial compromise shall be deemed to have been established. According to the above provision, since the same res judicata as the final and conclusive judgment on the compensation decision of this case was made by the Plaintiff, the disposition of this case is unlawful. 2) The instant disposition of this case was revoked ex officio, and to justify it, it is allowed only when the necessity of public interest due to the cancellation is greater than the disadvantage of the parties, such as infringement of trust interest
In this case, it is difficult to recognize the necessity of public interest superior to the plaintiff's expectation interest and legal stability, and the disposition of this case is unlawful.
3) The instant compensatory decision was made by the process report, which is a reliable material inside the military unit, and according to the above process report, the Plaintiff was from the Army B (hereinafter “B”).