장해등급결정처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court’s explanation concerning this case are as follows: (a) the second 9 line “No. 2013. Apr. 25, 2013” in the second 9 line of the judgment of the court of first instance shall be deemed to be “No. 5, 2013.” (b) and (c) the Defendant measured the exerciseable area of the Plaintiff’s second 12 degree of the judgment of the court of first instance by measuring the exerciseable area of the Plaintiff’s second 12 degree of the judgment under the Enforcement Decree of the Industrial Accident Compensation Insurance Act, not the exerciseable area; and (d) the judgment of the party members on whether it is illegal to determine the Plaintiff’s disability grade of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance
2. Judgment of party members
(a) Article 57 (Disability Benefits) (2) Disability benefits shall be the disability compensation annuity or lump-sum disability compensation benefits prescribed in attached Table 2 according to the disability grade, and the standards for such disability grade shall be prescribed by Presidential Decree;
【Standards for disability grades under Article 53 (Standards, etc. for Disability Grades) (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall be as specified in attached Table 6.
In such cases, detailed standards for determining disability grades by physical parts shall be prescribed by Ordinance of the Ministry of Employment and Labor.
【Enforcement Rule of the Industrial Accident Compensation Insurance Act” Article 47 (Measurement of Physical Skill) (2) The degree of physical skill disorder shall be determined by comparing E-M with the physical skill area of the relevant worker measured by the method determined by the Corporation among the method of type measurement of E-MA (AMA).
Provided, That this provision shall not apply to exercise areas of satise.
【Regulations on Handling of Compensation Affairs】 The method of measuring each degree of exercise of each body under Article 47(2) of Rule 20 (Method of Measurement of Exercise of Body Authority) shall be as specified in attached Table 2.
[Attachment 2] Methods of measuring the exercise of physical joints 【Attachment 2】
1. General principles;
(c)if the cause of physical function disorder, such as alley and gal damage, is clearly and permanently expected to be a permanent disability.