장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 26, 2012, at around 16:30 on October 26, 2012, the Plaintiff was faced with an accident (hereinafter “the instant accident”), which was cut down from a sloped from a sloping road while taking a sloping harvest at a sloping field located in Kimhae-si, Kim (hereinafter “the instant accident”), and was subject to the Defendant’s decision to grant medical care from the Defendant with “alleys and alleys at the bottom of the upper part of the upper part of the upper part of the sloping,” and “closed sloping slopingma,” and the Plaintiff filed a claim for disability benefits with the Defendant.
B. On April 9, 2014, the Defendant: (a) acknowledged the disability grade on the ground that the restriction on the exercise of the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion remains as well as the obstacles remaining in the left-hand section of the Plaintiff, due to the instant accident, to which the scope of the movement in the left-hand section remains limited.
Any Tong remaining in the left-hand section of the Industrial Accident Compensation Insurance Act shall be subject to Article 48 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act
5.(e)
3) The Defendant’s disposition of this case, even though the Plaintiff’s disability grade should be determined at least Grade 12, is unlawful since it constitutes “a person who has an ordinary labor ability but has an obstacle to labor at time due to the severe co-operation of the parts suffered by the upper wife (Class 12 subparag. 15)” (Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and the restriction on the exercise scope of the left-hand section, falls under “the person who has an obstacle to the function of one co-section from among the third sections of the third part of the upper part part of the Industrial Accident Compensation Insurance Act (Class 12 subparag. 9)” (Article 12 subparag. 9 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.