Plaintiff (Attorney Yoon-sung et al., Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

July 3, 2009

Daegu District Court Decision 2007Guhap872 Decided October 22, 2008

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

On February 7, 2007, the Defendant rendered a decision on unjust enrichment and the disposition of notice for payment against the Plaintiff shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation is that the reasoning for this case is the same as that for the judgment of the court of first instance except for the following additions, and thus, this Court’s explanation is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. The addition;

The following judgments shall be added to 12 pages of the first instance judgment:

【The Defendant’s assertion that the Defendant’s additional submission of No. 14-1 to No. 17 of the evidence No. 14-1 to No. 17 and the fact-finding results on the President of the Korea Disabled Persons Sports Association and the President of the Korea Disabled Persons Sports Association of Korea Disabled Persons with Disabilities with respect to the fact-finding results are insufficient to acknowledge that the Defendant’s assertion that the Plaintiff’s quantity of the parts of the Plaintiff’s quantity does not constitute sama since the Plaintiff’s function as the most normal level during the period from February 26, 201 to Oct. 31, 2006

In addition, the defendant asserts to the effect that in order to become the object of the "satisfy illness" under Article 24 (1) 7 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, in the case of "a person who needs to properly infection or alter the body from time to time to time for the prevention of climatics due to climatic rain, etc." as stipulated in Article 24 (1) 7 of the above Rule, ① a person who is unable to move without other person's assistance and ② a person who is recognized as cliba shall meet all the requirements such as a person who is unable to move without other person's assistance. In the case of the plaintiff, even if he falls under the above requirements ②, the plaintiff does not fall under the above requirements, such as a person who can move a wheel, and thus does not fall under the object of the "sat night disease"

However, as seen earlier, Articles 24(1)7 and 24(3) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act provide that those who need to urology or to change their body from time to time to time for the prevention of bathing due to urology, etc. for ordinary nursing soldiers (Article 24(1)7 of the same Act; hereinafter referred to as “nurbium”). A person who is in a medical treatment similar to the above urbium and is in a hospital with which it is entirely impossible to move without other person’s assistance (including a person who is in a hospital in the case of a urbium) shall be subject to a steel night disease (Article 24(3) of the same Act). Accordingly, according to the above provision, it is reasonable to view the subject of a general nursing in the case of a urbium in which it is impossible to move without other person’s assistance.

Therefore, as long as the Plaintiff falls under the horse expenses, the Plaintiff does not necessarily have to meet the requirements of a person who is entirely unable to move without another person’s assistance, and thus, the Defendant’s above assertion on a different premise is rejected as it is eventually without merit).

3. Conclusion

Therefore, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Choi Choi-sik (Presiding Judge)