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(영문) 울산지방법원 2020.09.24 2019구단856

장해급여부지급처분취소

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 March 24, 2017, the Plaintiff received medical care until February 19, 2018, with “the sponsor and sponsoring sponsor, sponsoring sponsor, the right sponsor,” due to an occupational accident that occurred on the part of the Plaintiff.

B. After completing medical care, the Plaintiff filed a claim for disability benefits with the Defendant. On March 29, 2018, the Defendant determined the Plaintiff’s disability grade as class No. 14 subparag. 10, and rendered a disposition of disability benefit site payment (hereinafter “instant disposition”) on the ground that the Plaintiff’s existing disability (e.g., correction of the mission in charge, and class 8) did not raise a higher grade compared with the Plaintiff’s existing disability (e., correction of the mission

[Grounds for recognition] The descriptions of evidence Nos. 1, 2, and 5 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In determining the Plaintiff’s disability, the Defendant did not take into account the diagnosis of the doctor when determining the Plaintiff’s disability, and the assessment standard for disability diagnosis is not reasonable.

Even if the parts of the disability are the same as the parts of the existing disability, if there is a reason to restrict or change the exercise, the disability grade shall be adjusted upward.

Since it is unreasonable for the Defendant to determine the Plaintiff’s disability grade No. 14 as the Plaintiff’s disability grade No. 10, the instant disposition based on this premise is unlawful.

(b) as shown in the attached Form of the relevant statutes.

(c) Fact-finding (1) - The main opinion on the diagnosis of disability (B hospital, February 19, 2018) - the name of the injury caused by disability: The surface of the disease, which is the cause of disability, shall be adjusted to the upper-tier disease on March 28, 2017, and shall be adjusted to the upper-tier disease (B hospital, February 19, 2018) - The surface of the disease, which is the right sturging sturging and sturging sturgical sturging, the right sturging sturging, the right sturgical sturging, the right sturging - the right sturgical sturging of the disease, and the continuous increase in the number after the operation of the sturgical sturgical sturgical sturging and sturgical sturgical sturging.