1. Revocation of the first instance judgment.

2. On November 16, 2017, the Defendant determined disability benefits paid to the Plaintiff as KRW 2,137,970.

1. The reasoning for this part of the disposition by the court is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. Article 53(4)2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), which is a basis for the disposition of the Plaintiff’s assertion, provides that if a person who has already been a disability calculates the amount of disability benefits for a severe disability caused by an occupational injury or disease, the amount of disability benefits shall be paid as a disability compensation annuity in calculating the amount of disability benefits for the same part of the same part of the same disability caused by the occupational injury or disease, the number of days calculated by multiplying the number of days paid for lump-sum disability compensation benefits, without any specific ground, by 22.2/100, from the number of days paid for lump-sum disability compensation benefits corresponding to the aggravated disability, shall be deducted from the number of days paid for lump-sum disability compensation benefits, which is contrary to the legislative purpose of the Industrial Accident Compensation Insurance Act and the principle

9. D.

The claim is null and void against the legislative purpose of the Industrial Accident Insurance Act, the Act on the Prohibition of Discrimination against Persons with Disabilities, the Protection of their Rights, etc., and Article 11 of the Constitution.

Although the Plaintiff was able to receive disability benefits by falling under class 5 even with the instant new disability, pursuant to Article 46(8) of the Enforcement Rule of the Industrial Accident Insurance Act, and Article 53(4) of the Enforcement Decree of the Industrial Accident Insurance Act, the Defendant calculated disability benefits by deducting the number of disability compensation payment days of class 4 of the instant disability grade from the number of disability compensation annuity payment days of class 10 of the instant disability grade from the number of disability compensation annuity payment days of class 4 of the instant disability grade pursuant to Article 53(4)

However, Article 46 (9) of the Enforcement Rule of the Industrial Accident Insurance Act is another disability group and disability group.