장해등급결정처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. On April 26, 2017, the Plaintiff, as an employee of the Plaintiff Company B, obtained approval for medical care from the Defendant on the ground that the Plaintiff, as an employee of the Plaintiff Company B, fell into the left shoulder of the pipe, due to an accident of falling short of the pipe.
B. The Plaintiff obtained approval from the Defendant for additional injury from the Defendant regarding the “damage to the Megral Megrology on the left side” and claimed disability benefits to the Defendant against the Megral Megrosis and the Megral Megral Megral Megr.
C. On May 23, 2018, the Defendant, on May 23, 2018, determined the Plaintiff’s disability grade as Class 12 Subparagraph 9 (the remaining persons who interfere with the function of Section 9 of Section 1 among Section 3 of Section 1).
(hereinafter “instant disposition”). 【The ground for recognition of the instant disposition】 The fact that there is no dispute, Gap’s evidence No. 1, Eul’s evidence No. 1 and 3, and the purport of the entire pleadings
2. Whether the instant disposition is lawful
A. Since the physical function disorder of the Plaintiff’s claim for the left-hand shoulder is caused by negotisis damage, the exerciseable area should be measured by an active exercise, and when measured by the method of an active exercise, the exerciseable area of the Plaintiff’s left-hand shoulder is limited to not less than 1/2 of the average exercise area of the normal person. Thus, the Plaintiff’s disability grade No. 10 subparag. 13 (the remaining person who has a significant obstacle to the center function) is applicable to the Plaintiff’s disability grade No. 10.
Nevertheless, on different premise, the defendant's disposition of this case, which decided the plaintiff's disability grade No. 12 No. 9, is unlawful.
B. The relevant statutes related to the instant disposition are as stated in the attached Form “relevant statutes.”
According to the main sentence of Article 47(2) and Article 47(3) of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Ordinance of the Ministry of Employment and Labor No. 263, Oct. 15, 2019; hereinafter the same), the degree of physical function disorder of the relevant worker is compared to the physical activity area of each part of the relevant worker measured by the method determined by the Corporation among the method of the type measurement of EMA [AMA (AMA) by the Corporation.