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(영문) 서울행정법원 2019.10.10 2019구합56869
부당이득징수결정 처분 취소
Text

1. The Defendant’s decision on collection of unjust enrichment of KRW 22,433,340 against the Plaintiff on November 27, 2018 is revoked.

2...

Reasons

Details of the disposition

On October 29, 2003, the plaintiff was working in the Dispute Resolution Co., Ltd., which is located in Leecheon-si, and was sitting in the front of the window for preparation for education in the House D of building C located in Leecheon-si.

It was caused by an accident that falls out of the windows into one story.

(hereinafter “instant accident.” The Plaintiff diagnosed “the Second Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embry Embrymb

On January 16, 2006, the Defendant deemed that the Plaintiff constituted “a person who was unable to use two legs permanently,” and determined the Plaintiff’s disability grade No. 1 grade No. 8 (hereinafter “the first disability grade determination”). Accordingly, the Plaintiff has received disability benefits and nursing benefits.

In around 2015, the Defendant conducted an investigation based on the medical records, etc. at the time of the first determination of the disability grade and thereafter thereafter, and as a result, at the time of the first determination of the disability grade, the Plaintiff deemed that “persons who are not able to have any obvious impediment to the function or mental function of the neurosis remaining,” and at the time of the first determination of the disability grade, the Plaintiff’s first determination of the disability grade as class 5 8 (hereinafter “first re-determination”) was revoked on March 24, 2017, and then the Plaintiff’s first determination of the disability grade as follows: (a) collected 467,095,220 won as much as the difference between the disability grade 1 and 5; and (b) collected 279,039,140 won as unjust enrichment among the disability benefits already paid (hereinafter “the first determination of collection”); (b) the Plaintiff dismissed the first re-determination request on July 2017.”

In other words, the plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and the Industrial Accident Compensation Insurance Reexamination Committee on January 19, 2018.

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