1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments

A. Plaintiff 1) The primary cause for claim: The Plaintiff’s primary cause for claim is occupational disease, such as cerebrovascular while working at the Defendant’s workplace. As such, the Defendant, the Plaintiff’s employer, shall pay KRW 24,445,930, and KRW 2,617,80, and KRW 25,184,120, the sum of hospital expenses and food expenses for treatment, and KRW 52,247,850, which are the sum of nursing expenses and KRW 25,184,120, not paid by the Korea Workers’ Compensation and Welfare Service, as medical care expenses pursuant to Article 78(1) of the Labor Standards Act. The Plaintiff is liable for medical care compensation pursuant to Article 78(1) of the Labor Standards Act, and thus, the Defendant may also be deemed as benefiting without any legal cause.

Therefore, the defendant should return the above KRW 52,247,850 to the plaintiff as unjust enrichment.

B. As to the portion of medical care benefits the Defendant could not receive from the Korea Workers’ Compensation and Welfare Service, the Defendant was not liable for the medical care compensation, and the part that the Defendant is liable for medical care compensation was already exempted pursuant to Article 80(1)

2. Determination

A. Article 78(1) of the Labor Standards Act provides that “When an employee suffers from an occupational injury or disease, the employer shall provide necessary medical care at his/her expense or bear necessary medical care expenses.” Article 78(2) of the same Act provides that “The scope of occupational disease and medical care and the timing of medical care compensation under paragraph (1) and the timing of medical care shall be determined by Presidential Decree.” Article 44(1) and attached Table 5 of the Enforcement Decree of the same Act provides that “The scope of medical care is “the provision of medical examinations, medicine or medical treatment materials, the provision of artificial limbs or other assistive devices, treatment, surgery, other medical treatment, hospitalization, nursing, and transfer.”