장해등급 변경처분 및 부당이득금 징수 처분 및 간병급여 부지급 처분 각 취소
1. The part concerning the claim for cancellation of the assignment of nursing benefits among the lawsuit in this case shall be dismissed;
2. The Defendant on September 6, 2016.
1. Details of the disposition;
A. On May 3, 2002, the Plaintiff, who was an employee of the Co., Ltd. Co., Ltd. (hereinafter referred to as the “Co., Ltd.”), was involved in the injury of self-explosion dystrophal dystrophal dystrophal dystrophal dye while attending the Non-Party Co., Ltd.’s company located in Chungcheongbuk-do 2002 NaBU dyebal dyebal dyeng, and claimed disability benefits to the Defendant after receiving medical care by July 21, 2003 with the approval of medical care from the Defendant.
B. On July 25, 2003, the Defendant: (a) deemed that the Plaintiff’s disability grade constituted “a person who needs to have an obvious disability in the function or mental function of the relevant nursing system from time to time and frequently undergo nursing,” and accordingly, determined the Plaintiff’s disability grade as class 2 and 5 (hereinafter “the first disability grade determination”); and (b) accordingly, the Plaintiff was paid disability benefits and nursing benefits from August 1, 2003.
C. Around 2016, the Defendant re-determines whether the Plaintiff’s disability grade was appropriate based on the medical records and medical records after the first determination of the disability grade. As a result, at the time of the first determination of the disability grade, the Plaintiff deemed that the Plaintiff’s disability status at the time of the first determination of the disability grade constituted “a person who is not able to do so, unless he/she has any obvious obstacle to the function or mental function of the nursing system,” and re-determined the Plaintiff’s disability grade No. 7 No. 4 (hereinafter “re-determination of this case”) after ex officio revocation of the first disability grade determination on September 6, 2016, pursuant to Article 84 of the Industrial Accident Compensation Insurance Act (hereinafter “re-determination of this case”), and collected the amount equivalent to the difference between Grade 2 and Grade 7 from August 2003 to August 2016, 309, 434,400 won and the nursing benefits already collected from July 22, 2003 to February 28, 2019
[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings.