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(영문) 춘천지방법원 2016.12.07 2015구합767

장해등급결정처분취소

Text

1. On June 17, 201, the Defendant revoked the determination of class 9 of the disability grade against the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On April 6, 2009, the Plaintiff: (a) at a restaurant B located in Chuncheon-si, as part of the artificial park construction in order to change the type of business; (b) was involved in an accident where the gas pipeline in the ceiling was removed, and the Plaintiff was involved in an accident at the price of the knife and the knife knife away from pipes; and (c) was approved for medical treatment from the Defendant, such as “the knife of the water pipe, the knife knife knife knife knife knife knife knife knife knife kn

B. In addition, the Plaintiff applied for the approval of the medical care by making the Complex M&D E&D No. 200 as an additional injury and disease, but was not approved on November 5, 2010.

C. After medical care until May 31, 201, the Plaintiff filed a claim for disability benefits with the Defendant on June 1, 2011. On June 17, 2011, the Defendant decided the disability grade against the Plaintiff as class 9 (persons whose labor service remains limited to the extent that their physical or mental functions are substantially limited).

(hereinafter “instant disposition”) D.

On the other hand, the Defendant sent the instant disposition to the Plaintiff on May 27, 2015, and around that time the said disposition was served on the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on this safety defense

A. The Defendant’s principal safety defense ① separately from sending the instant written disposition on May 27, 2015, the Defendant requested DM companies to send the said written disposition on June 18, 201, so it can be deemed that the said written disposition reached the Plaintiff at that time. ② On June 16, 2011, the Defendant provided the Plaintiff with a disability grade review for the Plaintiff, and paid a lump sum disability payment under the above disability grade with the passbook in the name of the Plaintiff. ③ On June 17, 2011, the Defendant determined the Plaintiff as subject to preventive management, such as a merger certificate, etc., and received medical treatment for the management of the subsequent legacy, etc.