장해등급결정처분취소
1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on October 13, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Details of the disposition
The plaintiff is a seafarer employed in love for mobilization of a corporation, and the defendant is a corporation entrusted with the determination and payment of insurance benefits by the Minister of Oceans and Fisheries in order to conduct accident compensation insurance business for fishing vessel crew members, etc. pursuant to the Act on Accident Compensation Insurance for Fishing Vessels, etc. (hereinafter referred to as the "Act on
On February 5, 2015, the Plaintiff was injured by the head from the floor while boarding the ship "85 Tongm" owned by the Greening Party on February 5, 2015.
(hereinafter referred to as “instant accident.” On October 13, 2016, the Defendant rendered the following insurance benefits notice to the Plaintiff (hereinafter referred to as “instant disposition”).
A. Before 200:
1. Kind of insurance benefits: Lump-sum disability compensation benefits;
2. Payment: Payment.
4. Relationship with the disabled fishing vessel crew members, etc.: Insured workers.
5. Amount determined to be paid: 45,083,500 won.
8. Disability grade: Class 9;
9. The decision: 3,513,000 won/30 days x 385 days (Grade 15 of disability) x 45,083,50 won x 45,083,50 won x 15,00 won x 45,083,50 won / The plaintiff's assertion as to whether the disposition in this case is legitimate as a whole, i.e., entry of evidence No. 1, and the purport of the argument in this case - the plaintiff's assertion as to whether the disposition in this case is legitimate - [Attachment 2] Article 25(2) of the Seafarers Disaster Insurance Act and Article 57(2) [Attachment 2] of the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Act"), and Article 53(1) [Attachment 6] subparagraph 4 of the Enforcement Decree of the Industrial Accident Act. The disposition in this case is unlawful for the following reasons.
In the payment of insurance benefits under the Industrial Accident Act, the plaintiff's disability grade is lowered considering the king, although it cannot be considered.