beta
(영문) 수원지방법원 2015.04.22 2014구단3222

장해등급결정처분취소

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 July 9, 2013, the Plaintiff was an employee employed and worked in B, and was suffering from the injury of “the first balance of revenues and losses caused by the pressure damage on the left part of the unit, the first balance of blood damage by the left part, and the first balance of blood damage by the left part,” and applied for disability benefits on November 9, 2013 after concluding medical care for the above injury.

B. On December 9, 2013, the Defendant rendered a determination of the disability grade falling under class 6 of class 13 (a person who has lost part of his/her severe fingers) (hereinafter “instant disposition”) against the Plaintiff (hereinafter “instant disposition”).

C. After that, the Plaintiff applied again for disability benefits to the Defendant, along with a medical certificate that “the state of appeal for depreciation, depreciation, and pain,” and on June 30, 2014, the Defendant determined the disability grade corresponding to class 12 subparag. 15 of the disability grade because the Plaintiff fell under “the remaining persons of the aftermathic symptoms in the national government” against the Plaintiff.

As such, the Plaintiff asserted that the degree of disability was changed after the instant disposition, but only the instant disposition was asserted in the instant lawsuit.

[Ground of recognition] Evidence Nos. 1, No. 1 to 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the accident of this case constitutes a person with a substantial disability in the part near the left-hand part of the first balance of the plaintiff's claim, and thus falls under class 10 of the disability grade, and thus the defendant's disposition of this case decided to be class 13 of the disability grade is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The facts of recognition (physical appraisal result) 1) The scope of the movement of the plaintiff's 1 balance on the left-hand 1 balance is divided into the range of normal movementable range of the plaintiff's 1 balance on the left-hand 1 balance, and the scope of the movement of the 1 balance on the left-hand 60 600 60 60 6565 60 6065 2038.