장해등급결정처분취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The reasoning of the judgment of the court of first instance is as follows, and the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, citing the reasoning of the judgment.
[Supplementary or additional parts] Article 19 of the first instance court’s sentence No. 3, “The result of the physical examination of B hospital director of this court” is the result of “the physical examination of B hospital director of the first instance court.”
In the first instance court's decision No. 3, "the result of the physical appraisal commission implemented by this court" was "the result of physical appraisal commission conducted by the first instance court".
The following shall be added between the 19th and 20th of the judgment of the first instance.
Meanwhile, Article 5 subparag. 5 of the Industrial Accident Compensation Insurance Act provides that "the term "the state in which the ability to work has been lost or decreased due to mental or physical damage although the injury or disease was cured" means the state in which the ability to work has been lost or reduced due to mental or physical damage." Thus, in determining whether to lose or reduce the ability to work, the first instance court should consider both mental and physical damage. However, given that the first instance court did not appraise the mental elements and conducted an appraisal outside the country, it is difficult to determine that the plaintiff's disability status falls under Class 7 subparag. 4 solely on the result of physical appraisal commission conducted by the first instance court.
The argument is asserted.
On the other hand, at the request of the plaintiff, this Court entrusted the physical appraisal of the D Hospital Head, and the physical appraisal of this Court shows unstable state such as depression, memory and the concentration of attention, unfoldion, and difficulty in emotional adjustment, etc. as a result of clinical interviews and clinical trials conducted by the plaintiff in this Court.