1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the judgment of the court of first instance as set forth in Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. Thus, the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance.

Article 84 (1) of the Industrial Accident Insurance Act, which provides for the first half through six pages of the decision of the first instance, is as follows: In cases where a person who has received insurance benefits falls under any of the following subparagraphs, the Corporation shall collect the amount equivalent to twice the amount of such benefits, in cases falling under subparagraph 1:

In such cases, the amount received by the Service from the National Health Insurance Corporation, etc. under Article 90 (2) shall be excluded from the amount to be collected.

Article 1(1) of the Act provides that “Where an insurance benefit has been received by fraudulent or other illegal means, the amount equivalent to twice the amount of the benefits shall be collected by unjust enrichment.” Article 2(2) of the Act provides that “If the payment of the insurance benefits is caused by a false report, diagnosis, or certification by an insured, industrial accident insurance-related medical institution, or vocational training institution, the insured, industrial accident insurance-related medical institution, or vocational training institution shall also be jointly and severally liable.

"" is defined as ".

On the other hand, Article 41(1) of the Industrial Accident Insurance Act excludes medical care benefits for pneumoconiosis under Article 40(1).

A person who intends to obtain medical care benefits shall apply for medical care benefits to the Service, accompanied by documents stating his/her workplace, circumstances of accident, medical opinion on accident, and other matters prescribed by Ordinance of the Ministry of Employment and Labor.

In such cases, procedures and methods for filing applications for medical care benefits shall be prescribed by Ordinance of Ministry of Employment

Article 20 (1) of the Enforcement Rule of the Industrial Accident Insurance Act on the basis of delegation by the authority is "Article 41 (1) of the Act."