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(영문) 인천지방법원 2019.06.13 2018구합1361
산재보험부당이득징수결정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On May 30, 1998, at the site of the Second Middle School Extension Corporation, the Plaintiff was under occupational accident and was subject to medical treatment of “the eropiced on the left part of the eropic unit, the chest fright base, the 4-5 repiced nuclear escape certificate, and the epiced salt base.” On June 29, 2001, the Plaintiff was subject to the determination of the disability grade No. 12 subparag. 15 of the disability grade after the completion of medical treatment.

Since then, around June 28, 2004, the Plaintiff received approval for re-treatment of the said invertece disease, and received approval for additional medical care on August 30, 2005, and received approval for additional injury and disease with respect to the “over-the-counter stress disability.” On June 29, 2006, the Plaintiff was determined as Grade V (Class VII disability No. 4, Grade VIII 2, and Grade XII disability No. 12) of the disability grade (Adjustment) after the completion of medical treatment.

B. In the course of examining whether the Plaintiff’s insurance benefits were unlawfully received, the Defendant revoked the above disability grade 5 against the Plaintiff on October 25, 2016, and determined the disability grade as of June 29, 2006 at the time of the completion of treatment as of June 29, 2006, by deeming that the former disability grade No. 5 was erroneous due to the exaggeration of the disability state.

C. Accordingly, on October 25, 2016, the Defendant issued a disposition to collect an excessive amount of KRW 103,900,820 from October 1, 2013 to August 31, 2016, for which the extinctive prescription has not yet expired, from among the excessive amount of disability benefits paid to the Plaintiff. On January 4, 2017, the Defendant issued a disposition to collect an excessive amount of KRW 3,084,670 from October 1, 2016 to October 31, 2016 from the Plaintiff as unjust enrichment.

(hereinafter “each disposition of this case”) D.

On March 21, 2019 and April 1, 2019, the Defendant revoked each of the dispositions of this case ex officio.

[Grounds for recognition] Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 7 and 8, the purport of the whole pleadings

2. The legal nature of the action.

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