산업재해 장해등급결정처분취소 및 장애등급 상향 청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 8, 2015, the Plaintiff was a worker belonging to the Won Daily Construction Co., Ltd., and a business accident falling below the lower level from the second floor of the construction site on the construction site.
B. The Plaintiff claimed disability benefits to the Defendant on October 19, 2017, after receiving medical care from the Defendant regarding “the blood from outside of the outer climatic climatic climatic climatic cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal cliffal clifal.”
C. On February 16, 2017, the Defendant decided that the Plaintiff’s disability status falls under class 12 subparag. 15 of the disability grade (hereinafter “previous disability grade disposition”). D.
On June 12, 2017, the Plaintiff filed a request for examination to the Defendant against the previous disposition of disability grade, but the request for examination was dismissed.
E. On July 13, 2017, the Plaintiff filed a request for reexamination. On September 22, 2017, the Industrial Accident Compensation Insurance Reexamination Committee revoked the previous disability grade disposition, and decided on September 11, 2017, “The Plaintiff’s final disability grade falls under subparagraph 15 of class 12, which is the remainder of a serious psychotropic symptoms, because it falls under each subparagraph of class 15,” under Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, on the ground that the Plaintiff’s final disability grade falls under Article 53(2) and (3) of the Enforcement Decree of the same Act.”
F. Accordingly, on December 29, 2017, the Defendant rendered a disposition to determine the Plaintiff’s disability status as class 11 of the disability grade (hereinafter “instant disposition”).
[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1, 2, and 3, and the ground for appeal
2. Whether the instant lawsuit is lawful (ex officio determination)
(a) Administrative Litigation Act;