장해등급결정처분취소
1. The Defendant’s disposition of determining a disability grade against the Plaintiff on April 12, 2019 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. While working for the Plaintiff Company B, the Plaintiff received medical care approval from the Defendant on the “satisfe pelfs at the left-hand pelfs at the left-hand pelfs” suffered from an occupational accident that occurred on July 11, 2018.
B. Since then, on April 12, 2019, the Plaintiff filed a claim against the Defendant for disability benefits on the left-hand part, and on April 12, 2019, the Defendant decided that the Plaintiff’s disability grade Nos. 12 subparag. 10 (15 degrees bending 15 degrees, bending 35 degrees for the outer upper part, 20 degrees back 20 degrees, and 80 degrees for the left-hand part at 10 degrees after the inner part (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s sports area on the left-hand side of the Plaintiff’s assertion falls under class 10 of the disability grade as a total of 50 degrees, the Defendant’s instant disposition on a different premise should be revoked in an unlawful manner.
B. 1) Determination of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”)
(1) Article 53(1) [Attachment 6] of the Enforcement Decree of the Act
(C) Article 48 [Attachment 5] of the Enforcement Rule of the Industrial Accident Insurance Act (hereinafter “Detailed Criteria for Determination of Disability Grades 5”) provides that “A person who has a significant obstacle to the function of one of the three sections of a single bridge shall be subject to Annex 10 subparag. 14 and “the remaining person who has a obstacle to the function of one of the three sections of a single bridge” shall be subject to Grade 12 subparag. 10.
6) 10. A. 6) provides that “A. 6” provides that “a person who has a significant obstacle to official functions” in attached Table 6 of the Decree refers to a person whose physical activity area under Section 6 is limited to at least 1/2 of that area,” and detailed criteria for disability grade assessment are 10. A.
7 The term "person who has an obstacle to the functions of tolerance" in attached Table 6 of the Decree means a person whose physical area of tolerance is limited by at least 1/4.