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(영문) 창원지방법원 2017.11.28 2017구단283

장해등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 28, 201, while working for B Company, the Plaintiff was in the process of repairing a ice list in the workplace, and was in an accident falling under the lower level of the work site. As a result, the Plaintiff obtained medical care approval from the Defendant with respect to an injury or disease, such as a tent cutting of a tent, alley-sacrifine dump, a brutum dump, a brutum dump, a brutum dump, and a

After receiving medical care by September 17, 2012, the Plaintiff filed a claim for disability benefits with the Defendant on October 15, 2012. On December 18, 2012, the Defendant issued a disposition to set the Plaintiff’s disability grade as class 12.

On March 7, 2017, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the above disposition and received a judgment revoking the above disposition on the ground that the Plaintiff’s disability grade falls under a higher disability grade than that of Grade 12 (the Changwon District Court Decision 2013Gudan1219), and the judgment became final and conclusive as it is.

Accordingly, on April 19, 2017, the Defendant rendered a disposition to set the Plaintiff’s disability grade 11 on the ground that the Plaintiff’s suffering disability falls under class 11 of Article 53(1) [Attachment Table 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and that the state of reproductive disability falls under class 10 of Grade 14 of the above [Attachment Table 6]’s disability grade (hereinafter “instant disposition”).

For astronomical dys: Statement in Gap evidence No. 1 and the purport of the entire pleadings that do not meet the disability grade standards for class 11 (e.g., e., e., e., e., e., e., e., f., e., e., f., e., f., e., e., e., f., e., e.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff’s disability status constitutes a higher disability grade than that of class 11, and thus, the instant disposition that determined the Plaintiff’s disability grade as class 11 is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) 1,000 medical views; and