장해등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant on January 21, 2016 against the plaintiff.
1. (1) The Plaintiff, as a member of the Company B, arrived at his own home around 11:50 on February 26, 2010 after the retirement, and went back to the Ansan Hospital affiliated with the Korea University, making a shower and sit from the first self-defense floor to the Ansan Hospital affiliated with the Korea University. After the completion of medical care until May 31, 2013, the Plaintiff was determined as class 3 subparagraph 3 of the disability grade (a person who can not engage in labor for the entire life with a significant obstacle to the function or mental function of the new system) after the completion of medical care until May 31, 2013.
D. On November 7, 2015, the Plaintiff submitted an application for re-determination of a disability grade. On January 21, 2016, the Defendant rendered the instant disposition against the Plaintiff as “assumpt 8 of class 5 of the disability grade (other than those who are not able to have a significant obstacle to the function of the new system).”
Article 22(1) of the Civil Act provides that the Plaintiff shall file a petition for review against the instant disposition, but the same shall not apply to the case.
【Facts without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 5, the purport of the whole pleadings
2. Under attached Table 6 of Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, which provides the criteria for disability grade based on Article 57(2) of the Industrial Accident Compensation Insurance Act, “A person whose physical or mental function remains and is not able to engage in labor for all the life,” the disability grade No. 3 and No. 3, and “A person whose physical or mental function remains obvious and who is not able to have any obvious obstacle to his/her physical or mental function,” respectively.
Based on the latter part of Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the detailed criteria for determining disability grades by physical parts are set in attached Table 5 of Article 48 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act.