부당이득금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5:
A while serving as a worker under B on August 24, 2009, suffered from injury, such as the elbling of the part part of the Do, and spine damage, during the construction site, while serving as a worker under B, and received medical treatment at the Seoul National University Hospital from April 12, 2010 to April 20, 2010.
On June 7, 2010, the Plaintiff paid KRW 1,157,450 to the hospital as the Corporation’s charge, excluding the principal’s charge, among the medical expenses incurred during the foregoing period.
B. However, on May 4, 2010, after receiving the insurance benefits of the National Health Insurance Act, A applied for the approval of industrial accidents to the Defendant on May 17, 2010 by taking the grandchildren tunnel post-Lacul as medical care injury and disease, and the Defendant decided to approve industrial accidents on May 17, 2010.
C. On June 4, 2013, the Plaintiff notified the Defendant of the amount of medical expenses borne by the Plaintiff and claimed payment of the said amount. However, the Defendant rejected payment of the said amount on the ground that the prescription period under the Industrial Accident Compensation Insurance Act has already expired.
2. Determination
A. The Industrial Accident Compensation Insurance Act provides that where an employee is injured or affected by an occupational reason, the Defendant shall be provided with medical care at a medical institution, etc. or shall be provided with the full amount of medical care expenses on behalf of the employee. Meanwhile, Article 80(3) provides that where the beneficiary receives money and valuables equivalent to the insurance benefits under this Act pursuant to the Civil Act and other Acts and subordinate statutes for the same reason, the Corporation shall not pay the insurance benefits under this Act within the extent of the amount converted by the method prescribed by Presidential Decree.
In addition, Article 53 (1) 4 of the National Health Insurance Act is a disease, injury, or accident caused by business or official duty.