장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 13, 2006, the Plaintiff was diagnosed as the vehicle borrowing and lending vehicle that occurred while driving a vehicle owned by the company at around September 13, 2006 by the Plaintiff, which was diagnosed as “the second Cropical Wropical Wropical Wropical Wropical Wropical Wropical Wropical Gropics, the left-hand side-hand side-hand side-hand side.”
The plaintiff obtained the approval of the medical care and received the medical care until March 5, 2008.
After the completion of treatment, the Plaintiff received disability pension and nursing benefits from the Defendant after receiving the judgment of class 1 3 (a person who needs to have a significant obstacle to the function or mental function of the nursing system at all times) of the disability grade.
After that, the insurance investigation department of the Defendant’s headquarters did not examine the Plaintiff’s disability condition at the time of the determination of disability and reported that it did not reach the first degree determined. On December 4, 2015, the Defendant rendered a decision on re-determination of disability grades and decision on collection of unjust enrichment on the following grounds to the Plaintiff.
In other words, according to the opinion of the advisory society on September 24, 2015, which was held to examine whether the disability grade of the plaintiff is appropriate, Article 53 (Standards for Disability Grades) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (Act No. 3) No. 57(2) of the Act, which was held on September 24, 2015.
In such cases, detailed standards for determining disability grades by physical parts shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[Attachment 6] Criteria for disability grade 1 subparagraph 3 of Article 53 (Related to Article 53 (1)): A person subject to constant nursing due to significant impediments in the function or mental function of the neurosis, who is not able to engage in long-term labor due to significant impediments in the function or mental function of the neurosis: A person who is not able to engage in any service due to a serious impediment in the function or mental function of the psychosissis.