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(영문) 서울행정법원 2017.11.24 2017구합59826
부당이득금징수처분취소
Text

1. On July 7, 2016, the Defendant’s disposition of collecting nursing benefits amounting to KRW 27,634,590 against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 22, 2008, the Plaintiff concluded the medical care after receiving hospitalized treatment and outpatient treatment at B hospitals, etc. from the same day as the re-refral brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organism, which was an occupational accident.

After the medical care is closed, the Plaintiff was judged as class 5 of the disability grade corresponding to “a person who has a serious disorder in the function or mental function of a nursing system at any time and is in need of nursing care at any time,” and was paid nursing benefits from October 21, 201 to April 30, 201.

B. On July 7, 2016, the Defendant decided to collect unjust enrichment on the part of the Plaintiff’s nursing benefits paid to the Plaintiff based on Article 84 of the Industrial Accident Compensation Insurance Act (the amount paid from July 1, 2013 to April 30, 2016, on the ground that the Plaintiff entered the Cvalescent and received free nursing care from the nurses, etc. affiliated with the said hospital, and notified the Plaintiff thereof.

(hereinafter “instant disposition”). C.

On December 22, 2016, the Plaintiff appealed and filed a request for an examination with the Defendant, but the Defendant dismissed the Plaintiff’s request for examination.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From July 1, 2013 to April 30, 2016, the Plaintiff asserted that the Plaintiff paid nursing fees to D and E, who is the Plaintiff, and received nursing. The instant disposition based on the premise that the Plaintiff was provided with free nursing from nurses, etc. who belong to C and C in a convalescent hospital is unlawful.

The employee belonging to the defendant was aware that the plaintiff was receiving nursing from the plaintiff during the above period, and the disposition of this case is unlawful against the principle of trust protection.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In an appeal litigation seeking the revocation of a disposition by asserting the illegality of an administrative disposition 1, the relevant disposition is legitimate.

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