logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.11.28 2017구단54602
장해등급결정처분취소
Text

1. The Defendant’s disposition of collecting unjust enrichment against the Plaintiff on January 17, 2017 is revoked.

2. The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. On November 7, 2009, the Plaintiff was an employee of the Digitalcomcom Co., Ltd. (hereinafter “Nonindicted Company”) and was treated after being transmitted to the Central University M&P Hospital on the ground of the occurrence of the maliba of the arm’s length and bridge, while being in operation at the Nonindicted Company’s neighboring sports center. Around that time, the Plaintiff was diagnosed as having been diagnosed with “cerebral chin” (hereinafter “the instant injury”).

After that, the Plaintiff, upon obtaining the approval of medical care from the Defendant, closed medical care until October 31, 2014, and was granted a disability grade of class 2 and class 5 (a person who needs to receive from time to time nursing due to a significant disability in the function or mental function of the new system) from the Defendant on November 1, 2014, and accordingly received disability pension and nursing benefits.

B. However, as a result of the insurance investigation conducted by Defendant Headquarters, it was confirmed that the Plaintiff’s disability status at the time of recovery fell short of the disability grade No. 2 No. 5. The Defendant held by the advisory society on December 28, 2016 and deliberated on the appropriateness of the Plaintiff’s disability grade determination at the time of recovery, based on medical opinions, etc. that the Plaintiff’s disability grade No. 3 (a person who is unable to engage in lifelong work for his life due to a significant obstacle to the function or mental function of his nursing system) constituted No. 3 (a person whose disability grade remains in his life). The Plaintiff’s determination on the existing disability grade No. 25 of January 17, 2017 was revoked, and the Plaintiff’s determination to correct the Plaintiff’s disability grade No. 3 (hereinafter “instant corrective disposition”), and the amount of difference in the disability grade following the correction of such disability grade, and the amount of nursing benefits collected from the Plaintiff as unjust enrichment (hereinafter “instant collection disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. Determination on the legitimacy of each of the dispositions of this case

A. The summary of the Plaintiff’s assertion (1) The instant corrective disposition is determined on the Plaintiff’s existing disability grade.

arrow