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(영문) 청주지방법원 2015.01.08 2014구합10665

장해등급결정처분취소

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 May 22, 2013, at around 8:50 a.m. in a factory of B, the Plaintiff: (a) caused an accident in which the right hand of the right hand is rapidly carried into the machinery, while putting the crephere in the creper in the creper in the crepherb in the factory of B, and the same year from May 2

9. Before September 19, 201, the Cheongju Hospital provided medical care for the “unexponed cutting and open 3 resin in the right side, 4,5 resin in the right side,” and filed a claim for compensation for disability with the Defendant on September 30, 2013.

B. As to the Plaintiff on October 11, 2013, the Defendant: (a) deemed that the Plaintiff’s act constitutes “a person who has lost part of his/her strong fingers and the second fingers other than his/her fingers”; and (b) determined the Plaintiff’s disability grade under class 14 subparag. 7.

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.

2. On October 11, 2013, the Defendant: (a) deposited lump-sum disability compensation benefits with the Plaintiff’s deposit account; (b) the Plaintiff should be deemed to have become aware of the disposition on the date when the Plaintiff received lump-sum disability compensation benefits through deposit account; and (c) the Plaintiff filed the instant lawsuit after the lapse of ninety (90) days thereafter, asserting that the instant lawsuit is unlawful as it was filed with the lapse of the filing period.

An administrative disposition shall be made in writing, except as otherwise expressly provided for in Acts and subordinate statutes or where a matter is insignificant (Article 24 of the Administrative Procedures Act); and an administrative disposition to reach the other party to the disposition by delivering a written disposition by mail or delivery, except in cases where the other party to the administrative disposition is many unspecified persons or his/her domicile or domicile is unknown;

(Article 14 and Article 15 of the Administrative Procedures Act). On the other hand, according to the statement of evidence No. 1 as to whether the instant disposition was legitimately delivered to the Plaintiff, the Defendant’s deposit account on October 11, 2013 is the Plaintiff’s account.