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(영문) 부산지방법원 2017.08.31 2016구합24633
최초요양승인 취소 및 부당이득금 징수결정 처분 취소 청구
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 January 28, 2003, the Plaintiff fells under the principle of double-fluoring va, which is against the principle of double-fluoring va, from the fence of the first floor at the site of the studio construction work in the Geum-gu, Busan. The Plaintiff was diagnosed by C Hospital as “slick-fluoring vadle”

(hereinafter referred to as “first accident”). On February 6, 2003, the Plaintiff filed an application for medical care benefits by asserting that it was an occupational accident with the Defendant. On February 11, 2003, the Plaintiff received medical care approval (period: from January 28, 2003 to September 20, 2004) from the Defendant, and received medical care benefits of KRW 12,315,100, medical care benefits, medical care benefits of KRW 7,945,05,050, and disability benefits of KRW 24,275,150.

B. On August 7, 2008, the Plaintiff was diagnosed as “the head of the bend and the heart of the bend,” and was diagnosed as “the head of the bend and the heart of the bend,” in the E-type department, while performing the steel extraction work at the site of the D Hospital remodeling project.

(hereinafter referred to as “second accident”). On October 9, 2008, the Plaintiff filed an application for medical care benefits by asserting that it was an occupational accident with the Defendant, and received the insurance benefits of KRW 70,575,780 in total from the Defendant on the same day (period: from August 7, 2008 to July 15, 2010) for the medical care approval disposition (period: KRW 30,573,300 in temporary layoff benefits, medical care benefits of KRW 7,480,980 in disability benefits, and disability benefits of KRW 32,521,50 in total.

C. On October 2, 2014, the Plaintiff fell at the construction site of the Gpentll at the Busan Dongdong-gu, Busan (hereinafter “instant construction”) and was diagnosed as “the complex of the Hemical abandonment, the sacrine sacrine sacrine, the sacrine sacrine, and the sacrine sacrine sacrine sacrine at the Hm

(hereinafter “Third Accident.” On October 10, 2014, the Plaintiff filed an application for medical care benefits with the Defendant claiming that it was an occupational accident. On October 16, 2014, the Plaintiff received the medical care approval disposition from the Defendant (period: from October 2, 2014 to August 13, 2015) from the Defendant, and received the insurance benefits of KRW 33,423,060 in total, KRW 4,39,680 in temporary layoff benefits, and KRW 37,82,740 in total.

On October 15, 2015, the defendant revealed that the plaintiff was awarded a subcontract for the construction work at the site of the accident and that the plaintiff performed the construction work without the registration of the business.

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