The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 84(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) provides, “If a person who received insurance benefits falls under any of the following subparagraphs, the Service shall collect the amount equivalent to the amount of the benefits (in cases falling under subparagraph 1, the amount equivalent to twice the amount of the benefits)” and subparagraph 3 provides, “other cases where there are the insurance benefits paid erroneously.”

On the other hand, the industrial accident compensation insurance system is a social insurance system that copes with the social risks of occupational accidents that occur to workers with the financial resources for insurance premiums paid by the business owner who is an insured to guarantee the livelihood of the affected workers and their families, and thus, the industrial accident compensation insurance entitlement under this system belongs to the social security entitlement.

( Constitutional Court Order 201Hun-Ba133 Decided March 29, 2012). However, the public interest to be achieved through the revocation of a beneficial administrative disposition in an administrative area with the content of social security benefits is essentially the insurance premium paid by the business owner and the financial interest formed by the National Treasury burden. On the other hand, the beneficiary would suffer from infringement of private interest, such as protection of trust and stability of legal life due to the cancellation of a beneficial administrative disposition. Thus, unless there is any intentional or gross negligence on the part of the beneficiary with respect to the defect in the beneficial administrative disposition, it is difficult to readily conclude that the public interest is more important or larger than the disadvantage that the beneficiary would suffer.

In full view of the contents and purport of the above provisions and the unique characteristics of the revocation of beneficial administrative dispositions in the area of social security administration, the insurance benefits shall be paid when collecting the amount equivalent to the amount of the insurance benefits paid erroneously from the party who received the insurance benefits pursuant to Article 84(1)3 of the Industrial Accident Compensation Act.