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(영문) 대구지방법원 2017.01.13 2016구단341

장해등급결정처분취소청구

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 June 14, 2014, the Plaintiff, as a printing body at the construction site for the extension and remodeling of CTTT 2 factory in Daegu-gu, Daegu-gu, was crashed and provided medical care as “the structural frame of the YTT 2 plant, the structural frame of the YG 207, and the structural frame of the YG 207.”

B. Upon the Plaintiff’s application for disability benefits, the Defendant rendered the instant disposition against the Plaintiff on January 16, 2015 that the left-hand part part part part of the disability falls under class 9 of class 12.

C. The Plaintiff appealed and filed a request for an examination, but was dismissed, and was dismissed on November 6, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the whole purport of the pleading

2. Whether the instant disposition is lawful

A. The key issue of this case is (1) In this case, Article 53(1) [Attachment Table 6] of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 26094, Feb. 10, 2015); Article 48 [Attachment Table 5] of the Enforcement Rule (amended by Ordinance of the Ministry of Employment and Labor No. 125, Feb. 13, 2015) of the same Enforcement Rule (amended by Ordinance No. 125, Feb. 13, 2015); if the physical function of the part part of the Plaintiff’s left part part of the part of the part part of the third part of the part of the arms, the remaining part of the part of the part of the part part of the third part of the arms (i.e., a person whose physical activity area of the part of the part part of the government is restricted by Ordinance of the Ministry of Employment and Labor) falls under subparagraph 13 of Grade 10 (Article 12 subparag. 9).

(2) Therefore, the issue of this case is whether the scope of the Plaintiff’s left part part of the elbbow is measured by the Plaintiff’s active exercise method, and whether the Defendant’s passive exercise method is to be measured.

(b)with respect to the Head of the Daegu University Hospital, the opinion of his physical examination of which is given;