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(영문) 서울행정법원 2016.04.20 2015구단9653

비정상적장해등급결정처분취소

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 October 23, 2013, the Plaintiff: (a) suffered injuries, such as the left-hand fingers, booms, pulvers, etc. in the construction site of facilities for the convenience of persons with disabilities in the Southern Cablea; and (b) received medical care benefits from the Defendant by February 28, 2014 after obtaining approval for medical care due to an occupational accident; and (c) filed a claim for the payment of disability benefits on April 25, 2014.

B. On May 12, 2014, the Defendant determined the Plaintiff’s disability grade as Class 12 No. 9 (hereinafter “instant disposition”) and paid disability benefits.

C. The Plaintiff filed a petition for review of the instant disposition on the ground that his/her disability grade was determined unfairly low, but was dismissed on October 20, 2014, and filed a petition for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but was again dismissed on March 23, 2015, and was served on April 8, 2015, and filed the instant lawsuit on July 7, 2015.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's disability grade falls under class 6 of class 8, since the plaintiff's disability grade is not the degree of harm to the left-hand hand-hand hand-hand hand-hand hand-hand hand-hand hand-on, but

(b) Attached Form of relevant statutes;

1. To make entries in relevant Acts and subordinate statutes;

C. Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that the disability grade of a person who has an obstacle to the function of one part among the three sections of the Industrial Accident Compensation Insurance Act shall be grade 12 subparag. 9 of the disability grade, the disability grade of a person who has an obvious obstacle to the function of the government section shall be grade 10 subparag. 13 of the disability grade, and the disability grade of a person who has failed to properly use the government section shall be grade 6 of the 8th grade, and Article 48 [Attachment 5] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act

(a) The term "intest disability" is either limited to class 13 of class 10 where the physical area of the audience is limited by not less than 1/2 of the physical area of the audience, or is limited by not less than 3/4 of the total steel or physical area, or artificial aggregate.