장해등급 변경처분 및 부당이득금 징수 처분 및 간병급여 부지급 처분 각 취소
1. The change of the disability grade No. 2, Nos. 5, 7, and 4, which the Defendant changed to the Plaintiff on July 12, 2016, and the disability pension.
1. Details of the disposition;
A. On November 7, 2001, the Plaintiff, as a driver of Hyundai Transport Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), was sent to Nonparty Co., Ltd. at the office of Nonparty Co., Ltd., and was diagnosed after being transmitted to the hospital, and received medical care from the Defendant until March 31, 2008, with the approval of medical care.
B. On March 31, 2008, the Defendant deemed that the Plaintiff’s disability grade constituted “a person who needs to have an obvious impediment to the function or mental function of the neurosis from time to time and frequently undergo nursing,” and accordingly, determined the Plaintiff’s disability grade as class 2-5 (hereinafter “first disability grade determination”). Accordingly, from April 1, 2008, the Plaintiff received disability benefits from April 1, 2008, until June 30, 2016, and nursing benefits from March 31, 2016.
C. Around March 31, 2008, the Defendant conducted a reinspection on the appropriateness of the Plaintiff’s disability grade based on the medical records and video data at the time of the first disability grade determination, and subsequent investigation data, and determined the Plaintiff’s disability status at the time of the first disability grade determination by deeming that the Plaintiff’s disability status at the time of the first disability grade determination falls under “a person who is unable to do so unless he/she has a clear obstacle to the function or mental function of the psychosis system,” and subsequently cancelled the Plaintiff’s disability grade ex officio on July 12, 2016, and re-determineds the Plaintiff’s disability grade as class 7 4. The Defendant collected the difference between disability benefits and nursing benefits already paid pursuant to Article 84 of the Industrial Accident Compensation Insurance Act with the amount of KRW 181,317,400 in total and the amount of disability grade 2 and class 7 within the extent that the three-year prescription period has not elapsed (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. (1) The plaintiff's assertion (1) that the present state of disability of the plaintiff has improved, but the Industrial Accident Compensation Insurance Act.