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(영문) 부산지방법원 2020.07.15 2020구단20013

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 June 17, 2016, the Plaintiff was an employee of B, and the chainer was subject to an accident falling on the left side bridge (hereinafter “instant accident”). The Plaintiff received medical care from the Defendant as to “the instant case’s disease” (hereinafter referred to as “approval”). The Plaintiff received medical care on the ground of the Defendant’s “the instant case’s disease” (hereinafter referred to as “the instant case’s disease”). The Defendant’s “the instant case’s disease”). The instant case’s disease was approved by the Defendant on the ground of the ground of mination of the ground level, divating the ground level, divating the ground level, divating the ground level, crushing of the ground level, divating the ground level, and the pressure divating the ground level, the scopical and ground level, the scopical and ground level, the scopical and ground level, the left side scopical coordinate, the left side level, and the Defendant’s medical treatment up to June 15, 20199.

B. On October 23, 2019, the Plaintiff claimed disability benefits due to the instant recognized injury and disease to the Defendant.

On December 16, 2019, the Defendant recognized class 10 of class 12 as follows: “A person who needs not install a fixed gear in an ordinary labor but only needs to do so,” class 10 of class 12 and class 12 as “a person who has limited 1/4 or more of the exercise area of an official title,” and determined the disability grade (hereinafter referred to as “instant disposition”) as class 11 of class applicable mutatis mutandis.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 4, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the plaintiff's principal opinion, since the scope of the movement of the left-hand speak section falls under 50, the plaintiff's "persons whose physical exercise area is limited to 1/2 or more", this part of the disability grade is class 10, class 14, and the 5-11m of the left-hand kne-free kne, so the plaintiff's disability grade much higher than the plaintiff should be recognized.

Nevertheless, the disposition of this case judged as the class 11 applicable mutatis mutandis to the plaintiff's disability grade is unlawful.

(b) related;