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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.
Reasons
1. The reasoning of the court’s explanation of this case is as stated in the part of the judgment of the first instance except for the addition of the following two, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Details to be added; and
A. Article 2(c) of the reasoning of the judgment of the court of first instance adds evidence Nos. 9 and 10 to the first head of Article 2(c). B. In addition, Article 2(c) of the reasoning of the judgment of the court of first instance as follows.
4) Meanwhile, in the trial of the court, the Plaintiff added the assertion to the purport that the instant disposition was unlawful, on the grounds that the public interest need to collect the amount of compensation paid to the Plaintiff, was not strong enough to justify the Plaintiff’s disadvantage, such as the right to obtain benefits, protection of trust, and infringement of the stability of legal life, etc. Therefore, the instant disposition was unlawful. The Act on the Compensation for Persons who performed Special Military Missions (hereinafter “Compensation Act”).
In full view of the content and purport of Article 18(1)2 and the unique characteristics of the revocation of beneficial administrative dispositions on social security administration, in taking into account the following factors: (a) in taking a disposition to recover the portion of compensation, etc. erroneously paid from the party who received the compensation, etc. under Article 18(1)2 of the Compensation Act, restitution again is harsh to the beneficiary; (b) whether it is attributable to intentional or gross negligence to the party concerned with the demand for payment of compensation, etc.; and (c) whether the amount of compensation, the date of payment of compensation, and the date of disposition to recover the compensation, etc. at intervals between the beneficiary and the date of disposition to collect the amount of compensation, etc.; (d) whether it is harsh to the beneficiary; and (e) the details and degree of the disadvantage that the party concerned