추가상병및전원요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 10, 2009, the Plaintiff fell from a 2-meter height bridge at the construction site and went through a temporary food room, and received medical treatment until August 3, 2012, as the injury and disease of “cerebral Jins and cerebral Earthquake-Ex Post Facto (hereinafter “the injury and disease of this case”)” and claimed disability benefits to the Defendant.
B. On November 23, 2012, the Defendant rendered a disposition to determine the disability grade No. 14 grade 10 on the ground that the Plaintiff’s cerebral disease was not confirmed, deeming that the Plaintiff constituted “a person who remains after psychotropic symptoms,” and that the Plaintiff was subject to a disposition to determine the disability grade No. 14 grade 10.
C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6, Eul, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Although the Plaintiff’s assertion is a non-quality brain-related patient, the Plaintiff’s condition at least falls under class 5 8 of the disability grade (except for those who can not be easily seen as having a significant obstacle to the birth or mental function of the new system) and thus, the instant disposition that granted the Plaintiff the disability grade No. 14 is unlawful.
B. Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act / [Attachment 6] Article 48(1) [Attachment Table 5] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act / [Attachment Table 1] Article 48(1) [Attachment Table 5] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, where a person who is obliged to always attend school due to a serious disorder in the function or mental function of the same grade 3 is unable to lead a daily life due to mixed person’s ability without any other person’s nursing due to the function or mental disorder of the high level of he or she is in need of surveillance of another person at all times due to his or her mental disorder such as dementia and sensing of justice.