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(영문) 광주지방법원 2017.04.27 2016구단1052

산업재해 장해등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 26, 2013, when the Plaintiff was working in B, due to an occupational accident involving head, etc. on the ground (hereinafter “instant accident”), the Plaintiff filed a claim for disability benefits with the Defendant after medical treatment until August 30, 2015, by suffering from the “the instant accident” (i.e., e., e., e., external f., external f., external f., external f., e., external f., c., two f., two f.s., two f., two f.s., two s., s., and s.e., s., s.s., 12, one f., the first f., the first f.s., the left pa

B. Accordingly, around October 16, 2015, the Defendant rendered a decision that the lower court constituted class 12 as “the remainder of the national government,” and that the lower court constituted class 8 by adjusting the above disability grade, such as class 9, class 2, and class 8.

(hereinafter “instant disposition”). C.

The plaintiff, who is dissatisfied with this request, was dismissed, and the Industrial Accident Compensation Insurance Reexamination Committee made a request for reexamination, but was dismissed on July 21, 2016.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is likely to seriously obstruct his own ability beyond the left-hand pre-determination agency (hereinafter referred to as the "competence agency") and his work and daily life, so if the disability grade is adjusted by additionally reflecting class 12 of the same class due to the disorder in the internal objection at the time of the determination of the disability grade, it should be determined as class 7. The disposition of this case without reflecting it is unlawful even though the disability grade should be recognized as class 9 because the emercence of the right-hand return becomes worse due to the accident in this case, and the disability grade should be recognized as class 9.

(b) as shown in the attached Form of the relevant statutes.

C. 1) According to the Enforcement Rule of the Industrial Accident Compensation Insurance Act [Attachment 6], internal objection is raised.