1. The determination of a disability grade that the Defendant rendered to the Plaintiff on June 22, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff suffered from a disaster, which was employed on the left-hand Mabi on December 19, 2007 while on-site workers in B, which was employed on the left-hand Mabi.

B. The Plaintiff received “cerebral cerebral cerebral cerebrovascular” and received medical care until September 10, 2008, and was determined as class 3 of the disability grade on December 2, 2008. As a result of the trial on August 24, 201, the Plaintiff was determined as class 3 of the same disability grade as the previous one.

C. However, on June 22, 2015, the Defendant received notice from the Insurance Investigation Team that there is a defect in the Plaintiff’s disability grade determination, and revoked the Plaintiff’s disability grade 3 at the time of the completion of the medical care and re-determination of the Plaintiff’s disability grade 4 as class 7 and decided to collect 46,13,040 won, which is within three years of extinctive prescription, out of the difference in the insurance benefits due to the change in the disability grade.

On December 3, 2015, the Plaintiff filed a request for re-determination of unjust enrichment on December 3, 2015, and the Defendant dismissed the request for re-determination of a disability grade, on the ground that “The medical basis for determining that the state of disability at the time of termination of medical treatment and trial falls short of the disability grade 3 is unclear, and it is difficult to view it as falling under the subject of revocation ex officio due to apparent defects in the determination of a disability grade at the time of the first and the re-determination of a trial.”

(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] No dispute exists, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the whole purport of oral argument.

2. Whether the disposition is lawful;

A. The instant disposition is unlawful for the following reasons.

① Although the Defendant re-determineds the disability grade as class 7 4 by the instant disposition, according to Article 59 of the Industrial Accident Compensation Insurance Act, only once the disability grade is re-determined.