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(영문) 대법원 2016.01.14 2015다218075
부당이득금
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Where there is no precedent of the Supreme Court on the interpretation of the statute applicable to a small case in a specific case, there is a case where a number of small claims at issue are pending in the lower court, and there is a case where the Supreme Court concludes the case without making a decision on the interpretation of the statute on the grounds that it is a small amount case and concludes the case without making a decision on the interpretation of the statute on the grounds that it is a small amount case, it would be likely to impair the legal safety of people's lives. In such special circumstances, even if the Supreme Court did not meet the requirement of "when it makes a decision contrary to the precedents of the Supreme Court," which can be a ground for appeal, even if it does not meet the requirement of "when it makes a decision contrary to the precedents of the Supreme

(See Supreme Court Decision 2003Da1878 Decided August 20, 2004, and Supreme Court Decision 2012Da48824 Decided March 26, 2015, etc.). In accordance with the Welfare Act and subordinate statutes governing the welfare of persons with disabilities, where the disabled and the guardian have been separated from each other, if the support benefits continue to exist, then there is no Supreme Court precedent as to whether the liability for return of unjust enrichment under Article 741 of the Civil Act is recognized, and there is a situation where the lower court’s judgment is different. Thus, the interpretation and application of the above Act and subordinate statutes of this case are determined.

2.(a)

Article 32 (1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 932, Jan. 18, 2010; hereinafter “Act on Welfare of Persons with Disabilities”) shall register the state of disability and other matters prescribed by Ordinance of the Ministry of Health, Welfare and Family Affairs with the head of Si/Gun/Gu.

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