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(영문) 대전고등법원(청주) 2011.11.23 2011누120
부당이득징수결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The part citing the judgment of the court of first instance

A. The grounds for the court's explanation concerning the instant case are as follows:

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

(b) Related statutes;

C. (1) The facts of recognition are as follows: (2) the second to fifth to nine (9) judgment of the first instance court).

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the corresponding column except for the parts to be cited in the paragraph, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

B. The second 13th 13th 175th 2th 13th 13th 2th 175th 2th 2th 18-19th 2nd 2nd 2nd 2nd 19th 2nd 3rd 3rd 2nd 3rd 2nd 5th 200, “No. 1 through 3, No. 4-1 and No. 5th 4th 4th 201st 4th 17th 4th 4th 2008, “3. 24th 2010”, “Industrial Accident Compensation Insurance Review Committee”, “Industrial Accident Compensation Insurance Review Committee”, and the third 1st 3rd 4th 17th 4th 17th 4th 208 related Acts and subordinate statutes as stated in the attached Acts and subordinate statutes.”

2. Determination:

A. In full view of all medical opinions on the Plaintiff’s left-hand hand-hand hand-off status at the time of the determination of the first claim, the physical range of the Plaintiff’s left-hand hand-out status was 175 degrees at that time, and since the Tong was remaining in the state, the disability grade should be determined by class 14 class 9, a “person who remains in the national department,” but the Defendant calculated an obvious error in calculating the sum of the physical exercise range by the portion occurring in the special study of the Kan National University Chungcheong Hospital. However, the Plaintiff’s disability grade was determined by class 12 class 6, a “the person who remains in the part of Section 1 of the three major sections of one sale,” after calculating the physical exercise range of the Plaintiff’s left-hand hand-hand hand-off status as 115.

I would like to say.

As above, the Defendant determined the Plaintiff’s disability grade and paid excessive insurance benefits.

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