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(영문) 서울행정법원 2015.08.28 2015구단3600
요양결정취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 13, 2011, B filed an application for medical care benefits and temporary disability compensation benefits with the Defendant, asserting that “B suffered from the fluoral alley, the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoralss

After approving B’s medical care, the Defendant paid KRW 91,652,350 of temporary layoff benefits and KRW 78,443,180 of medical care benefits until December 23, 2014.

B. On December 23, 2014, the Defendant: (a) conspiredd the Plaintiff with the place of business where the disaster occurred; and (b) notified the Plaintiff of the decision that the said medical care decision should be cancelled pursuant to Article 84(1) and (2) of the Industrial Accident Compensation Insurance Act and the Defendant collected KRW 340,191,060, which is the total amount of the insurance benefits received by B from the Plaintiff as unjust enrichment on the grounds that the Plaintiff confirmed the content of B’s application as the owner of D in the course of paying the insurance benefits.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1-1 through 4, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. It is true that the Plaintiff’s assertion that the Plaintiff received insurance benefits from the industrial accident treatment after entering a different place of business from that of the Plaintiff’s allegation. However, since the Plaintiff’s accident occurred at the workplace operated by the Plaintiff, it is unlawful to revoke the medical care decision and collect double the insurance benefits already paid solely on the ground that the location of the disaster occurred differently.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. On October 24, 201, the facts of recognition (1) B submitted to the Defendant an application for medical care benefits and temporary disability compensation benefits on the ground that the Plaintiff suffered a disaster while making a contact on the D site operated by the Plaintiff, and at the time, the Plaintiff entered the said application in the purport that “The Plaintiff confirms that the details of the claim for medical care benefits and temporary disability compensation benefits are correct.”

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