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(영문) 인천지방법원 2016.11.22 2015구단1325

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 April 20, 2002, the Plaintiff, as an employee of the Company B, was receiving medical care until January 31, 2015, and claimed disability benefits from the Defendant due to an occupational accident, “3-4 30% (nives, left-hands, left-hands, left-hands), cut off on the right-hand side, cut off on the tropics, dystrophy, bovine spongiformiformiformiformiforms, neutronum bombing, and he was receiving medical care until January 31, 2015.”

B. On March 24, 2015, the Defendant rendered the instant disposition to the Plaintiff on March 24, 2015, based on the following: (a) Class IV executive 4; (b) Class VI 6 for the right-hand end-of-hand end-off of 2; (c) Class VII 7 for the full-hand end-of-hand end-of-hand end-off of 7; (d) class 9 15 for the persons whose labor has been considerably limited due to dives damage; and (e) Class IX 14 4 for the exposure of two arms; and (b) grade II 2 for the final disability grade.

C. The Plaintiff, who was completely unable to use two arms, filed a petition for review against the Defendant on the ground that the Plaintiff fell under class 1 of the disability grade, but was dismissed on April 2015. Although the Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, it was dismissed on July 17, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 7, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition made on a different premise, even if it falls under class 6 of the disability grade as a person who was unable to completely use two arms with the right upper upper upper right upper part and the left upper part part part part of the left part part.

(b) Entry in the attached Form of relevant statutes;

C. (1) Medical opinions (1) - the Incheon Labor Welfare Corporation of the Republic of Korea Workers’ Compensation and Welfare (2 February 2, 2015) of the Republic of Korea (Korea Workers’ Compensation and Welfare Service) - the rehabilitation department and the right-hand side of the rehabilitation department, and the volume damage of water that completely prevents the use of the arms due to neutism, neutronologicalism, erogalopsis, erogalopsis, eromatic damage