추가상병불승인처분취소
1. The plaintiff's appeal is all 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. The plaintiff's grounds for appeal citing the judgment of the court of first instance are identical to the allegations in the court of first instance, and the evidence duly admitted and examined by the court of first instance, and a thorough examination of the evidence added in the court of first instance again, it is acceptable to accept the fact-finding and judgment of the court of first instance as legitimate, even if it
Therefore, the reasoning of this court's explanation is as follows: (a) part of the reasoning of the judgment of the court of first instance is reversed as prescribed in paragraph (2); and (b) the Plaintiff's argument about the legitimacy of the determination of the disability grade of this case is identical to the reasoning of the judgment of the court of first instance, except for addition of the judgment mentioned in paragraph (3). As such, it is accepted in accordance with Article 8
2. The phrase "2. Whether a disposition is lawful" is "the part as to whether it is legitimate."
The plaintiff's assertion is as follows.
Article 21(2) of the Addenda to the Industrial Accident Compensation Insurance Act (wholly amended by Act No. 8694, Dec. 14, 2007; 1) provides that a person who receives a disability compensation annuity under the previous provisions shall not be subject to the determination of the disability grade despite the amendment provisions, but the defendant already assessed the disability grade against the plaintiff who was subject to the determination of the disability grade No. 2 subparag. 5, thereby violating the above supplementary provisions prohibiting the re-determination of the disability grade. In addition, Article 56 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that the re-determination of the disability grade should be made within 1 year from the date on which the determination of the disability grade was made, and that the determination of the disability grade of this case was made after the lapse of 17 years from the date on which the original disposition was made, is unlawful due to the accident of this case (b).