장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. Around January 3, 2017, the Plaintiff, who worked for a single-service tree in a bend stock farm operated by B, received medical care approval from the Defendant regarding “the instant accident,” which was caused by an accident involving a sprinking the spacker’s hand on the wind of the Plaintiff, spacking the spacker of the spacker, which caused the spacker’s hand on the machine spacker (hereinafter “instant accident”), while cutting down the trees from a bend stock farm as a mechanical saw, and then receiving medical treatment until June 30, 2017.
B. After completing medical care on July 6, 2017, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that “the first balance of earnings and losses on the well-side side” was as disability parts. On July 20, 2017, the Defendant rendered a disposition under class 14-10 of the Plaintiff’s disability grade (hereinafter “instant disposition”) based on the following circumstances: “The scope of the movement range of earnings and losses on the first balance of earnings and expenditures on the well-side, 35 degrees, 50 degrees, 150 degrees, 150 degrees, 150 degrees, 150 degrees,” respectively. < Amended by Presidential Decree No. 28219, Jul. 20, 2017>
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In the case of balance of the Plaintiff’s right-hand 1 balance, the disability grade should be determined based on the exerciseable area measured by the method of measurement by active exercise, as stipulated in Article 47(3)1 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) in the case of the Plaintiff’s assertion that the Plaintiff’s right-hand 1 balance falls short of the disability grade standard on the ground that the exerciseable area measured by the method of measurement by passive exercise falls short of 1/2 of the average exerciseable area, and that the Plaintiff’s right-hand 2nd 12th 12th 12th 12th 12.