급여결정및부당이득징수처분취소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation of this case is as follows, except for the following 2.2. and adding the following 3.3., the reasoning of the court's explanation of this case is as stated in the part of the first instance court's judgment. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. The reasoning of the judgment of the first instance court is set 3.C.
As to the first argument in paragraph (1), the following shall be added at the end of the item “(1).”
Furthermore, the Constitutional Court held that the part concerning the " maximum standard amount of compensation" under Article 36 (7) of the Industrial Accident Insurance Act amended in the case (hereinafter "relevant Constitutional Court decision") No. 2012Hun-Ba382468, Jun. 26, 2014 did not violate the Constitution.
The plaintiffs interpreted that the above maximum compensation system applies to those who suffered from an accident before the enactment of the highest compensation system as in July 1, 2008 from the Supreme Court Decision 2011Du1153 Decided February 23, 2012 (hereinafter "relevant Supreme Court Decision"), but the Constitutional Court declared that the maximum compensation system applies to the plaintiffs on May 28, 2009 as above is unconstitutional. As such, the above interpretation of the Supreme Court is interpreted as retroactively applying the amended provisions of the law (amended Industrial Accident Insurance Act) before the Constitutional Court's decision on the unconstitutionality, and thus, it lacks rationality. Thus, the Supreme Court argues that the maximum compensation system should not be applied to the plaintiffs until May 28, 2009, and if such interpretation is not interpreted, it violates the principle of good faith, which is the principle of the law.
As examined in Section 3 below, the public interest to be achieved through the instant maximum compensation system shall maintain the adequacy and equity of the industrial accident insurance benefits, thereby maintaining the whole industrial accident workers.