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(영문) 창원지방법원 2016.12.20 2015구단630

장애등급처분취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. During the process of the disposition, the Plaintiff was engaged in crypting operations around 16:0 on July 23, 2013, while working in the Suwon Industrial Machinery Co., Ltd., and was faced with the steel structure (hereinafter “instant accident”). As a result, the Plaintiff obtained approval for medical care from the Defendant with respect to “the instant approved injury” (hereinafter “instant approved injury”). “The instant approved injury”). The crypting frame No. 11 and the plehing frame No. 12, 2, 3, 3, 3, 5, 5, 12, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5

On November 17, 2014, the Plaintiff filed an application with the Defendant for medical care benefits for the instant additional injury by asserting that he/she received an additional diagnosis of “the instant additional injury” (hereinafter “the instant additional injury”). On January 5, 2015, the Defendant rendered a disposition of non-approval of medical care benefits for the instant additional injury (hereinafter “instant disposition of non-approval of the additional injury”).

By May 31, 2015, the Plaintiff received medical treatment for the instant approved injury and disease, and filed a claim for disability benefits with the Defendant on June 17, 2015. On July 9, 2015, the Defendant rendered a disposition on the Plaintiff’s disability grade (hereinafter “instant disability grade disposition”) prescribed in Grade 11 subparag. 7 (in addition to attached Table 6, with the pressure rate of 40% at 2 and 3) and Class 10 (in addition, with the need to go through and low forests, etc.) of Grade 11 subparag. 7 of Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “instant disability grade disposition”).

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. Whether the instant disposition of non-approval of the instant additional soldiers is legitimate

A. The plaintiff asserted that the additional disease of this case was diagnosed, and the additional disease of this case was caused by the accident of this case.