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(영문) 서울행정법원 2017.10.26 2017구단58734

장해등급재결정및부당이득금징수결정처분취소

Text

1. On March 27, 2017, the Defendant re-determination of a disability grade and the collection of unjust enrichment amounting to KRW 1,038,49,740 against the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 31, 2005, the Plaintiff, an employee of B, who was involved in the electrical construction at the new site of the former C, was killed in the electrical construction (hereinafter “the instant accident”) and was sent to 119, and was diagnosed by the damage of the inner part, fry image, chest image, spawn image, spawn image, and spawn and spawn and sat from the Defendant’s hospital of the Korea Medical Foundation (hereinafter “Korea Medical Foundation”), and was diagnosed by the injury of the inner part, and was provided medical care until September 14, 2006 with the approval of the medical care on February 2, 2006.

B. On October 12, 2006, the Defendant deemed that the Plaintiff’s disability grade No. 2 subparag. 5 (hereinafter “the first disability grade determination”) constituted “a person who needs to have an obvious impediment to the function or mental function of the neurosis from time to time,” and accordingly, the Plaintiff received disability benefits and nursing benefits from October 12, 2006.

C. As a result of a re-examination on the appropriateness of the Plaintiff’s disability grade based on the medical records at the time of the first determination of disability grade and the research data after the determination, the Defendant: (a) deemed that the Plaintiff’s disability status at the time of the first determination of disability grade constituted “a person whose work remains in the psychosis function and has limited labor to a considerable extent; and (b) subsequently revoked the first determination of disability grade on March 27, 2017; (c) re-determination of the Plaintiff’s disability grade as class 15; (d) pursuant to Article 84 of the Industrial Accident Compensation Insurance Act, the Defendant collected KRW 89,800,000 as much as the difference between the disability grade 2 and class 9 out of the disability benefits already paid pursuant to Article 84 of the Industrial Accident Compensation Insurance Act and the amount of nursing benefits plus KRW 138,69,740 as unjust enrichment (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) is defective in determining the first disability grade by citing the circumstances after the Defendant first determination of the disability grade.