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(영문) 서울고등법원 2016.11.23 2016누52035
장해등급결정처분취소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition of part of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

(hereinafter the meaning of terms used in this section is the same as that of the judgment of the court of first instance). 2. Part III, 14 to 14.

The first parallel 4 (2) is '(1)', 7 (3)', and 13 (4)', respectively. The second parallel 4 (2) is '(1)', '7 (2)' and '13 (4)'.

The 8th page from the 10th page to the 13th page is as follows.

When cancelling a beneficial administrative disposition, the cancellation may be made only when the necessity of the public interest to cancel the administrative disposition and the disadvantages to be suffered by the parties due to the cancellation are compared and compared, and only when the necessity of the public interest is strong enough to justify the disadvantages to be suffered by the parties concerned. The cancellation of the withdrawal of the 8th page 20 of the “Revocation” is made “a cancellation.”

Part 9 (1) through 10 (3) shall be deleted from the first place of action to the 7th place of action.

Part 12 of the 14th page “(4)” is deemed to be “(3)”, and the 15th page “2015” is deemed to be “205.”

The 12th parallels 21 to 13th parallels are as follows:

In full view of the contents and purport of Article 84(1) of the Industrial Accident Compensation Insurance Act and the unique characteristics of the cancellation of beneficial administrative dispositions on social security administration, when collecting the amount equivalent to the amount of insurance benefits erroneously paid from the party who received the insurance benefits pursuant to Article 84(1)3 of the Industrial Accident Compensation Insurance Act, whether the party concerned with the supply and demand of the insurance benefits is responsible for intentional or gross negligence, whether the amount of the insurance benefits erroneously paid can be easily recovered, and the amount of the

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