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1. The Defendant’s decision to collect unjust enrichment against the Plaintiff on June 16, 2015 is revoked.
2. The plaintiff's remaining claims.
Reasons
1. Details of the disposition;
A. The Plaintiff, while working in the Minenam Industry, a subordinate company of Hyundai Heavy Industries, obtained the approval of industrial accidents that caused cerebrovassis from the Defendant as an injury or disease, and completed medical treatment after receiving medical treatment from June 13, 2002 to February 12, 2003.
B. The defendant is either identical or almost similar to the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (wholly amended by Presidential Decree No. 20875, Jun. 25, 2008) [Attachment 2] and [Attachment 2-2] of the current Enforcement Decree of the Industrial Accident Compensation Insurance Act [Attachment 6] and [Attachment 7].
In accordance with the criteria, it is judged that “a person who has a obvious obstacle to the function or mental function of the neurosis system at all times is in need of nursing (class 1), a person who has a real name of one eye and the visual strength of the other eye is not more than 0.02 (class 2), and on March 26, 2003, the Plaintiff was determined as eligible for class 1 3 of the disability grade and nursing benefits (hereinafter “previous rating”), and paid disability benefits (pension) and nursing benefits to the Plaintiff for about 10 years.
C. On June 16, 2015, the Defendant: (a) decided on the Plaintiff on June 16, 2015; (b) the Plaintiff did not fall under class 1 subparagraph 3 of the disability grade; (c) the snow disability is deemed to have no causal relationship with cerebriformsis; and (d) the Plaintiff’s condition at the time of treatment on February 12, 2003, constitutes “Class 15, a person whose work or mental function is considerably limited to considerable degree of considerable injury; (d) the rating re-determination was made (hereinafter “instant rating re-determination”); and (e) the disability benefits and nursing benefits paid from March 1, 2003 to May 31, 2015, 186, excluding the extinctive prescription period for disability benefits and nursing benefits paid from March 1, 2003 to May 31, 2015; and (e) the Plaintiff’s condition at the time of treatment.