장해등급결정처분취소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning of the judgment by the court on this part is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The summary of the plaintiff's assertion 1) The part on the right-hand side part of the plaintiff's existing disability and the part on the left-hand side part of the new disability part of the plaintiff's Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Insurance Act").
(2) In addition, the upper part and the upper part of the right-hand side of the existing obstacles (hereinafter “existing obstacles”) shall be deemed to be part of other obstacles under the Enforcement Rule.
(ii)the left-hand side of the new disability, co-ordinated and net rupture (hereinafter referred to as “new obstacles”)
) The diagnosis date differs, and the new disability is a new one after the completion of the medical care for the existing disability, so it is not a simple additional disease as alleged by the Defendant. The new disability of the Plaintiff is a case where the amount of lump-sum disability compensation benefits resulting from the existing disability under Article 46(7) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act subtracting the lump-sum disability compensation benefits due to the new disability and the amount of lump-sum disability compensation benefits resulting from the new disability is less than the lump-sum disability compensation benefits due to the new disability only. Therefore, the disposition of this case is unlawful.
Therefore, the instant disposition is lawful.
(b) as shown in the attached Form of the relevant statutes;
C. 1) According to Article 46(1) and (2) of the Enforcement Rule of the Industrial Accident Insurance Act, the disability grade is the parts of the disability (the parts that classify the body into an autopsy) and the parts of the disability (the parts of the disability).