장해등급결정처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 12, 2015, the Plaintiff received injury from the construction site, resulting in the Plaintiff’s failure to pay disability benefits to the Defendant, and filed a claim for disability benefits to the Defendant on October 21, 2015, by providing medical treatment until October 21, 2015, to “the closure frame of the pelvise, pelvise, and the first phase-down frame.”
On November 2, 2015, the Defendant considered the Plaintiff’s new disability as Class 16 (on July 30, 2012, the Defendant determined the disability grade as Class 7 by adjusting and adjusting class 8 of the existing left-down disability due to the occupational accident on July 30, 2012, and 138 of the number of disability compensation annuities corresponding to Grade 7, which was 109.89 days (=495 days x 22.100) calculated by deducting the number of days of conversion into the existing disability grade 8 from the number of disability compensation annuities corresponding to Grade 7 (i.e., 495 days x 2.2/100) by the number of disability compensation annuity days.
(hereinafter “original disposition”). Accordingly, the Plaintiff filed a request for review seeking revocation of the original disposition, and the Defendant rendered a decision to dismiss the said request on January 19, 2016.
(hereinafter “Examination and Decision of this case”). 【No dispute exists, A’s evidence Nos. 1 and 2, and the purport of the entire pleadings
2. In an administrative litigation as to whether a lawsuit is lawful, the existence of an administrative disposition that is the object of litigation shall be subject to ex officio investigation as a requirement for litigation and shall not be subject to confession.
(See Supreme Court Decision 92Nu15499 Decided July 27, 1993, etc.). Although the number of days of disability compensation annuity for himself/herself should be 34.18 days, if the Defendant rendered a disposition to determine the number of days of disability compensation annuity as 28.11 in the instant review and decision on January 19, 2016, the Plaintiff sought revocation of the determination of the number of days of disability compensation annuity during the instant review and decision.
However, the defendant dismissed the plaintiff's petition for review on the ground that the number of disability compensation annuity days against the plaintiff should be applied 28.11 as determined in the original disposition after deliberation by the Industrial Accident Compensation Insurance Examination Committee (Evidence A No. 1) and the number of disability compensation annuity days separately from the original disposition.