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(영문) 대전지방법원 2018.11.29 2015구단375

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 October 2, 2013, the Plaintiff, who was employed as a employee of B Co., Ltd. on October 2, 2013, was injured by the left-hand fingers by using a mobile electric saw, while taking care of the injury caused by the injury to the left-hand fingers. The Plaintiff was receiving medical treatment on March 6, 2014, and claimed disability benefits.

B. On March 27, 2014, the Defendant rendered a decision under class 10 of class 14 (hereinafter “instant disposition”) against the Plaintiff on the ground of the result of a review by the advisory society that the Plaintiff’s exerciseable scope of the second left-hand balance of revenues is 70 degrees, and the part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part

C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 5 to 8, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion’s opinion, etc., the Plaintiff’s disability state is obvious that “the physical area of middle balance pipe or the first balance pipe (satise satise satise satise satise 1/2 or more)” under the Enforcement Rule of the Industrial Accident Compensation Insurance Act is limited to 11-9 of disability grade No. 11 of [Attachment 6] of the Enforcement Decree of the same Act, or at least the disability grade No. 12 of the same Act is “a person who has become unusable,” and thus, the instant disposition taken on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The medical opinions on the Plaintiff’s disability status are as follows: (A) Plaintiff’s Mean (C Jeong, A’s 2, and 3) - Disability status: The physical damage of the second left-hand balance - The second left-hand balance - The second left-hand balance.