장해등급결정처분취소
1. The Defendant’s disposition of determining a disability grade that the Plaintiff rendered on February 6, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On April 28, 2017, the Plaintiff was suffering from the injury of the Plaintiff’s left-hand kneeing kneeing on the floor while working at a power plant construction site located 15m above the ground in the east-gu 2 industrial complex in the east-gu, Chungcheongnam-si, Chungcheongnam-si, the Gan Industrial Complex (hereinafter “instant accident”).
The Plaintiff received medical care from the Defendant on April 28, 2017, with the medical care approval for the above injury and disease, and provided medical care, such as blood and static surgery and fixed-type surgery on the part of the left-hand slots.
B. During the above period of medical care, the Plaintiff’s physical exercise area measured by the doctor affiliated with the East Sea Hospital by passive means is “Woo-5 degrees, 125 degrees,” which is “Woo-5 degrees, and 125 degrees,” respectively.
C. On January 17, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, and the Defendant determined that the Plaintiff’s condition constituted “a person remaining with negorisis,” based on the Plaintiff’s left-hand slot area (new -5 degrees, 120 degrees), which was measured by a passive method, constituted “a person remaining with negorisis,” and issued a disposition to determine the Plaintiff’s disability grade under [Attachment Table 6] Article 53(1) [Attachment Table 6] 14 subparag. 10 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, 6, Eul No. 2, 3, and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion is that the Plaintiff is limited to not less than 1/4 of the sports area of the left-hand kne-hand kne-off due to the instant accident, and constitutes “a person who has an obstacle to the function of one of the three sections of a single bridge among the three sections of a single bridge” under the main sentence of Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.
Therefore, the instant disposition is unlawful.
(b) The attached Form of relevant statutes is as follows.
C. Article 57(2) of the Industrial Accident Compensation Insurance Act.