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(영문) 울산지방법원 2016.12.15 2016구합524
장애인의료비 부적정지급 환수처분취소 청구
Text

1. On October 2, 2015, the Defendant’s disposition of improper restitution of medical expenses for persons with disabilities against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 23, 2010, the Plaintiff became a basic living beneficiary and was registered as a disabled person after being judged as having a physical disability (verteebeeb), and received the support of the principal’s cost out of the expenses incurred in medical treatment for the disabled as a registered disabled person who is a Class 2 beneficiary of medical benefits.

B. On February 25, 2013, the head of Yangsan-si B Dong (hereinafter “Dong”) revoked the Plaintiff’s registration of disabled persons on the ground that the Plaintiff’s condition was good as a result of a disability grade review conducted by the Plaintiff, and that the Plaintiff did not meet the disability registration criteria. On March 14, 2013, the Plaintiff returned the registration certificate of disabled persons to the head of Dong B on March 14, 2013.

C. The Defendant issued a disposition to recover the instant medical expenses (hereinafter “instant disposition”) pursuant to Article 51 of the former Act on Welfare of Persons with Disabilities (amended by Act No. 13366, Jun. 22, 2015; hereinafter “former Act on Welfare of Persons with Disabilities”) on October 2, 2015, following the Plaintiff’s prior notification procedure on July 30, 2015, on the ground that “the Plaintiff was paid KRW 364,220 (hereinafter “instant medical expenses”) to the Plaintiff from February 25, 2013 to October 19, 2013 after the cancellation of the registration of persons with disabilities,” on the grounds that “the Plaintiff was paid in an improper manner.”

On November 2, 2015, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on January 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, entry of Eul evidence Nos. 1 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On February 25, 2013, after the Plaintiff’s assertion 1 Plaintiff’s Dong’s revocation of the Plaintiff’s disabled registration on February 25, 2013, the Plaintiff returned a disabled person registration certificate to the head of Dong B on March 14, 2013, and the procedure for cancelling the registration of a disabled person was completed, and thereafter, the Defendant’s public official was

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