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(영문) 부산지방법원 2016.12.21 2016구단1190

장해등급 제7급 확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 6, 2010, the Plaintiff suffered from occupational accidents in Gangseo-gu, Busan, Inc. C, a corporation located in Gangseo-gu, Busan, for the medical treatment of the injury of the Plaintiff “satisfyed to the lower part of the left part, the lower part of the lower part of the lower part of the left part, the lower part of the lower part of the lower part of the judgment, the lower part of the lower part of the judgment, the lower part of the judgment, the lower part of the judgment, the lower part of the judgment, the lower part of the judgment, and the lower part of the judgment.”

B. After closing the medical care, the Plaintiff was determined by the Defendant as Class 7 (Grade 8 on the left-hand-hand-hand-hand-hand-hand-hand-level 12) of the disability grade applicable mutatis mutandis to the Defendant, and received the disability pension pursuant to the above determination.

C. On May 18, 2015, the Plaintiff filed an application for re-determination of a disability grade with the Defendant. On June 10, 2015, the Defendant rendered a disposition to change the Plaintiff’s disability grade from Grade VII to Grade X according to the special circumstance that the scope of the exercise of the left kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kim’s scope to be less than 1/4 of the normal exercise scope. However, the exercise scope of the exercise of the left kne-kne-k

The Plaintiff filed a petition for review against the Defendant on August 24, 2015, but was dismissed on August 24, 2015. On July 21, 2015, the Plaintiff filed an administrative litigation seeking the revocation of the instant disposition by Busan District Court Decision 2015Gudan21166, but filed the lawsuit on March 16, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Considering the circumstances in which the Plaintiff had already filed an administrative litigation against the instant disposition and withdrawn the lawsuit, the instant lawsuit was filed after the lapse of 90 days from the date on which the Plaintiff became aware of such disposition, and the period for filing the lawsuit is inappropriate.

B. Challengeing the disposition, etc. of the judgment administrative agency.