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(영문) 대전지방법원 2015.07.08 2014구합3299
최초요양승인취소에따른부당이득징수결정처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a business owner engaged in sales and delivery business with the trade name “C” from Esan-si, and D (EE; hereinafter “disaster”) is an employee who enters a high school and delivers skin to the Plaintiff’s workplace as Earba, while attending a high school.

B. On May 12, 2013, at around 08:30 on May 12, 2013, the disaster victim sustained a traffic accident involving the vehicle parked with 0.224% blood alcohol level without using the safety appearance while driving the FOtoba (hereinafter “the instant disaster”) subsequent to the Plaintiff’s possession for the purpose of delivery on the street in front of the Gotoba-dong, Seosan-dong, Seosan apartment (hereinafter “the instant two wheeledabag”) and without using the safety appearance. The disaster occurred due to the vehicle parked with the two parts of the parked vehicle and caused the maba (hereinafter “the instant disaster”).

C. On July 23, 2013, the Defendant recognized the instant accident as an occupational accident, and paid KRW 125,610,170 as medical care benefits (i.e., KRW 110,65,50 as medical care benefits) (i., KRW 14,944,620 as medical care benefits at Chungcheongnamnam University Hospital), as temporary layoff benefits, KRW 15,436,080 as temporary layoff benefits, and KRW 141,046,250 as total.

On July 14, 2014, the Defendant re-audited according to the audit by the Board of Audit and Inspection (hereinafter “instant re-audit”) on the grounds that the instant accident was unrelated to duties or was out of the normal course and caused a disaster, and thus, cannot be deemed a disaster during a business trip. In collusion with the Plaintiff and the Plaintiff’s father H, the Defendant submitted to the Defendant an application for medical care benefits that prepared a false accident circumstance, and thus, revoked the decision of approval for medical care.

The defendant's provision of insurance benefits of KRW 126,10,65,550 in total and KRW 15,436,080 in total and KRW 126,101,630 in total and KRW 110,66,65,550 in the first medical care benefits to the same day constitutes "cases where insurance benefits have been received by false or other unlawful means" under Article 84 (1) 1 of the Industrial Accident Compensation Insurance

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