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. On April 23, 2014, the Plaintiff fell at the site of a new hotel construction project in Daegu-gu B hotel, Daegu-gu, and provided medical care up to December 2, 2014 to “outstanding climatic he/she was suffering from blood, climatic salt, and climatic damage (hereinafter “instant injury”).
B. On December 2, 2014, the Plaintiff’s claim for the payment of disability benefits was defective, and on February 13, 2015, the Defendant determined the Plaintiff’s disability grade as class 15 (hereinafter “instant disposition”) and paid disability benefits.
C. On March 19, 2015, the Plaintiff filed the instant lawsuit on the ground that his disability grade was lower.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, all the arguments
2. Whether the instant disposition is lawful
A. According to the Plaintiff’s assertion’s opinion, since the Plaintiff’s disability grade falls under class 7 subparag. 4, the Defendant ought to take a disposition under class 7 subparag. 4 against the Plaintiff.
(b) Entry in the attached Form of relevant statutes;
C. As seen in the above relevant Acts and subordinate statutes, 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 is unable to perform his/her functions or mental functions other than easy others to have any trouble with the function or mental functions of the neurosis shall be 7 subparag. 4, ② class 9 subparag. 15, ③ grade 12 subparag. 15, and ③ grade 7 subparag. 4 of “a person whose work is limited to his/her mental function or mental function is limited to a considerable degree.” The Plaintiff bears the burden of proving that the person falls under class 7 subparag. 4. The burden of proving that the person falls under class 7 subparag. 2 is insufficient to acknowledge the same. Rather, according to the written opinion of the director of the Yong-Namnam University Hospital (Evidence 3) and the result of physical entrustment to the director of the Jeonnam University Hospital Hospital, the Plaintiff’s current state of the Plaintiff’s present status shall be 12 subparag. 15.