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(영문) 수원지방법원 2016.09.23 2015구단33725
부당이득징수결정 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. From September 2012, Plaintiff B operated a restaurant (hereinafter “D”) with the trade name “D” in Yeongdeungpo-gu, Suwon-si, Suwon-si, and Plaintiff A is the husband of Plaintiff B.

B. On November 18, 2013, while Plaintiff A was delivering food to the restaurant of this case on board Oral Baba, Plaintiff A suffered injury, such as “cerebral lebro (cerebral lebro), flabaver blood transfusion, right-hand flabrosis, and flabing flab, etc. (2-8)” due to a traffic accident in which Plaintiff A had a center of Oral Baba in collisiond with pedestrians on the front side of Young-gu, Suwon-gu, Suwon-si, Suwon-si, and head, etc. due to collision with pedestrians.

C. On December 27, 2013, Plaintiff A filed an application for medical care on the premise that he/she is a worker who performs the delivery business of the restaurant of this case with the Defendant’s first medical care approval, and received 47,839,590 won as medical care benefits and 15,152,200 won as temporary layoff benefits and 15,152,200 won as temporary layoff benefits until September 21, 2014, and thereafter received the insurance benefits of KRW 70,042,460 as a lump sum of disability benefits on February 3, 2015.

However, on August 11, 2014, the Defendant provided labor for the purpose of wages as the spouse who lives with the Plaintiff A, a business owner of the restaurant of this case.

In the position of a business owner who jointly operates a business rather than a couple, on the ground that he applied for medical care benefits and received insurance benefits by fraud or other improper means even though he does not constitute a worker under Article 14 of the Labor Standards Act, the approval for medical care for industrial accident compensation insurance was revoked, and at the same time, the instant disposition was taken to collect KRW 140,084,920 equivalent to the amount of insurance benefits paid to the plaintiffs under Article 84(1)1 of the Industrial Accident Compensation Insurance Act as unjust enrichment.

2. Whether the disposition is lawful;

A. The 1st Plaintiffs’ assertion is legal from Certified Public Labor Attorney F.

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