1. On December 29, 2017, the Defendant rendered a re-determination of a disability grade and a disposition to collect unjust enrichment against the Plaintiff.

1. Details of the disposition;

A. On January 21, 2006, the Plaintiff, while working at a retaining wall in the electrical construction site located in Chungcheong-gun B, Chungcheong-gun, was faced with an occupational accident, which fells into vadi floor, and was faced with shocking the head. As to brain ties, etc. suffered from the said accident, the Plaintiff received medical care approval from the Defendant, and received medical care from C Mental Medical Doctor, etc. until November 28, 2007.

B. On December 17, 2007, the Defendant decided that the Plaintiff’s disability grade falls under class 3, and paid disability benefits to the Plaintiff from around the above time to November 30, 201.

C. On December 29, 2017, the Defendant rendered a decision that the Plaintiff constitutes class 3 of the disability grade on the ground that “the Plaintiff was determined as having pretended to have a severe mental disorder, and thus constitutes class 3 of the disability grade,” and that the Plaintiff’s disability grade should be changed to class 9 and KRW 100,336,80, which is double the disability benefits paid erroneously, should be collected as unjust enrichment, and notified the Plaintiff thereof.

(hereinafter “each disposition of this case”). 【No dispute over the grounds for recognition”, entry of Gap evidence Nos. 5, 6, and 10, and the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

(a) Article 31 (Standards for Disability Grades, etc.) (1) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (wholly amended by Presidential Decree No. 20681, Feb. 29, 2008) (1) The standards for physical disability grade to be provided for in Article 42 (2) of the Act shall be as provided for in attached Table 2;

In such cases, detailed standards, etc. for determining disability grades by physical parts shall be determined by Ordinance of the Ministry of Labor.

[Attachment 2] Class III of the Physical Disability Grades (Related to Article 31(1))

3. Grade V persons who are unable to engage in labor during their remaining lives due to a remarkable impediment in the function or mental function of the neurosis;

8. Grade VII persons who cannot engage in any work except for easy service remaining with obvious impediments in the function or mental function of the neurosis;

4. They shall not engage in any work other than easy work remaining obstacles in the function or mental function of the neurosis;