logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.02.19 2019구단66838
장해연금차액부지급처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 3, 199, while working as an employee belonging to B corporation, the Plaintiff lost a balance of body during the factory work process due to the power failure on February 3, 199, and obtained the approval for medical treatment from the Defendant by suffering from an occupational accident of “brain, ductal pelle, brain pelle, cerebral pelle, bovineiformiform encephalopathy, brain-resistant tyrosis, cerebral tyropical tyropical tyropical typosis, ephical typosis, ephical typosis, bovine spongiformiformiformiformiform, bovineiformiformiformiform, alphical typosis, and ephical typosis.”

B. The details of medical care, disability grade, and disability benefit decision for the plaintiff are as listed below:

C. On December 16, 2010, the Defendant determined the disability grade (re-determination) calculated by applying the Plaintiff’s disability grade to “Class 3” and the amount determined for disability benefits to be paid to KRW 867,350 per month (=average wage of KRW 87,464.61 x 119 days/12 ). However, on February 11, 2009, the Defendant limited the payment of disability compensation annuities for the period equivalent to KRW 63,819,703, which the Plaintiff received as compensation for passive damages through a lawsuit with the business owner. From April 201, 2017, the Defendant paid disability compensation annuities to the Plaintiff.

After that, on August 10, 2018, the Plaintiff entered the Plaintiff’s disability grade into a computer error with “general class 3 (257 days of pension)” rather than “general class 3 (257 days of pension)” and applied for the payment of less disability compensation annuity and the payment of less disability compensation annuity paid to the Defendant.

However, the Defendant paid the difference of disability compensation annuity applying the “Class 3 Subparagraph A” of the disability grade in the period of “from August 1, 2015 to October 31, 2018,” which is within the three-year extinctive prescription period from August 10, 2018, which is the date of the said currency on December 28, 2018, and the extinctive prescription has expired for the remaining period from October 1, 2010 to July 31, 2015.

arrow