손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Case summary and the main issue of the instant case
A. (1) On May 6, 2013, Plaintiff A was engaged in an operation to increase the lines on the D fishing vessels owned by C from the North Korean cattle breeding port around 07:30 on May 6, 2013, and suffered an unstable loss between the towing line and the bit (the fact that there is no dispute; hereinafter “instant accident”).
(2) The Defendant is an insurer who entered into an accident compensation insurance contract with C on board (hereinafter “instant insurance contract”).
B. The key issue of this case 1) The plaintiffs asserted that although they suffered disability falling under class 7 subparagraph 7 of the disability grade of this case due to the accident of this case, the defendant paid only insurance money falling under class 4 of the disability grade of this case, and thus, the defendant is obligated to pay the difference. 2) The defendant asserts that the plaintiff Gap's disability of this case falls under class 8 subparagraph 4 of the disability grade of this case and all
3 The issue of this case is whether the plaintiff A's disability falls under subparagraph 7 of grade 7 and subparagraph 4 of grade 8.
2. Judgment on the issue
A. 1) The disability grades prescribed in Articles 53 and 6 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act applied mutatis mutandis by Article 22 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act and Article 48 and attached Table 5 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act pursuant to delegation by Article 53(1) of the Enforcement Decree of the same Act are as follows:
o Grade 7 7: A person who has failed to properly use at least three fingers, including one fingers or fingers, and second fingers and four fingers: A person whose entire fingers or physical area is limited by at least 3/4 of the fingers or fingers of one fingers and second fingers, and a person who has failed to properly use at least three fingers, including second fingers or fingers;