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(영문) 서울행정법원 2018.04.27 2017구단77193
부당이득징수결정처분취소
Text

1. On August 30, 2017, the Defendant revoked a decision to collect unjust enrichment against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On November 1, 1989, the Plaintiff received a disability grade No. 1 and No. 3 (a person who has a significant obstacle to the function or mental function of the nursing system at all times) from the Defendant after completing medical treatment with respect to brain injury caused by an occupational accident that occurred on June 21, 1988.

B. The Plaintiff filed a claim for nursing benefits with the Defendant around July 2008, and around that time, the Plaintiff was recognized as eligible for occasional nursing benefits from the Defendant. Since both snows were in the real names of both eyes, and there were weak speech disorders, and the Plaintiff filed an application for rectification of nursing benefits with the Defendant around December 2008, and received regular nursing benefits from the Defendant around that time.

C. On August 30, 2017, the Defendant: (a) notified the Plaintiff of the decision that “The Plaintiff shall be revoked from a person eligible for nursing benefits; and (b) the amount of benefits (28,530,810 won) twice the benefits (28,530,810 won) from August 1, 2014 to June 30, 2016, for which the period of extinctive prescription (3 years) had not lapsed; and (c) the Plaintiff shall be collected as unjust enrichment (hereinafter “instant disposition”).

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, Eul evidence 8, 9, 10, and 16 respectively, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. Articles 23(1) and 24(1) of the Administrative Procedures Act provide that, in cases where an administrative agency takes a disposition, it shall, in principle, present the basis and reasons in writing to the parties, except for simple and repetitive dispositions, urgent cases, etc. as stated in the contents of the disposition.

As such, requiring the administrative agency to clarify the reasons for the disposition is to ensure that the administrative agency takes a reasonable disposition by making careful investigations and judgments, and to provide the grounds for its legitimacy. This is to ensure that the other party to the disposition is informed of it and to ensure convenience in filing an appeal.

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