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(영문) 서울고등법원(춘천) 2019.11.13 2019나50968
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

The May 16th of the judgment of the court of first instance raises the term "the principal fee" as "the principal fee".

The following shall be added to 7 pages 16 of the judgment of the first instance:

(5) Article 42(2) of the Industrial Accident Compensation Insurance Act provides that a person determined as a beneficiary of medical care benefits under the same Act may claim to the defendant the amount equivalent to medical care benefits under Article 40(5) of the same Act, out of co-payment paid

Article 40(5) of the Industrial Accident Compensation Insurance Act provides that the criteria for calculating medical care benefits, such as the scope and expenses of medical care benefits, shall be determined by Ordinance of the Ministry of Employment and Labor. Article 10(1) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act provides that the criteria for calculating medical care benefits shall comply with the criteria for health care benefits, as publicly notified by the Minister of Employment and Labor, but the Minister of Employment and Labor

Meanwhile, Article 40(2) of the Industrial Accident Compensation Insurance Act provides that medical care benefits shall be provided by an industrial accident insurance-related medical institution, but, in extenuating circumstances, medical care expenses may be provided in lieu of medical care. Article 40(4) of the Industrial Accident Compensation Insurance Act provides that the scope of medical care benefits include “the provision of medical examination and examination, treatment, surgery, medical treatment, other treatment, rehabilitation treatment, hospitalization, nursing, nursing, transfer, and other matters prescribed by Ordinance of the Ministry of Employment and Labor” as “the provision of medical care benefits, treatment, surgery, and other auxiliary devices, hospital treatment, nursing, nursing, and delivery,”

Therefore, Industrial Accident Compensation Insurance Act.

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