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(영문) 울산지방법원 2017.04.13 2015구합1476

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 December 10, 2012, at around 15:40, the Plaintiff (B) was a Grade 4 seal box of Hyundai Heavy Industries Co., Ltd., and was engaged in painting operations at the place of work (C) located in Ulsan Industrial Co., Ltd., the Plaintiff (B) was subject to an accident (hereinafter “instant accident”) involving the Plaintiff’s right-hand edge by failing to discover the Plaintiff and proceeding without discovering the Plaintiff.

B. On the same day, the Plaintiff was hospitalized in the Ulsan National University Hospital, and received disability diagnosis, such as “a sacrife and sacrife sacrife sacrife sacrife sacrife sacrife sacrife sacrife, the right sacrife, the right sacrife sacrife, the right sacrife sacrife sacrife, the right sacrife sacrife sacrife, and the Plaintiff applied for disability benefits to the Defendant on July 14, 2015.

C. On August 12, 2015, the Defendant rendered a disposition to determine the Plaintiff’s final disability grade under class 13 on the ground that “the use of lux 1,2,3,4, and5 lux 1,4, and5 lux 1,00 falls under class 13 of the disability grade, and falls under class 10 of class 14 of the disability grade.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful in the following respect.

① Since the Plaintiff lost his physical ability to engage in the instant accident, thereby making it impossible to walk in general, the Plaintiff practically constitutes “a person who loses his/her own bridge from the surface of a sprink or higher (Class 5 subparag. 3),” and even if not, the Plaintiff’s disability grade 7 is a person who loses his/her inner side from the surface of a sprink or higher than the sprink or higher than the sprink because he/she cannot start up his/her body.”