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(영문) 서울행정법원 2017.11.17 2016구단66707
장해등급결정처분취소
Text

1. On July 22, 2016, the Defendant’s determination of a disability grade and the disposition of additional payment of disability benefits against the Plaintiff shall be revoked.

Reasons

1. Details of the disposition;

A. On August 16, 2013, the Plaintiff participated in a rally held by the company and fell in the valleys (hereinafter “instant accident”), and received medical treatment, such as receiving the Defendant’s medical treatment approval for the said injury and disease, following the Defendant’s medical treatment approval for the said injury and disease. The Plaintiff received from the Defendant, who participated in the relevant competition held by the company, and received an accident falling in the valleys from the valleys (hereinafter “instant accident”).

After completing medical care as above, the Plaintiff claimed disability benefits to the Defendant on March 7, 2014, and received a disability grade of Grade VII (Class VIII, Class VIII, Class VIII, Class VII, and Grade VIII, and the Plaintiff was paid KRW 41,06,660 as a lump-sum disability compensation around the above time.

B. After obtaining approval for additional medical care from the Defendant, the Plaintiff completed medical care until April 25, 2016, such as receiving the post-accidented care Nos. 2, 3, and 4 in need of re-treatment, and filed a claim for disability benefits with the Defendant on May 4, 2016.

On July 22, 2016, the Defendant issued a disposition not to accept the Plaintiff’s claim for disability benefits (hereinafter “instant disposition”) on the ground that “the Plaintiff’s disability grade, such as the Plaintiff’s son, constitutes class 17 (the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, and 3-1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) Entry in the attached Form of relevant statutes;

B. Article 46(5) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Rule of the Industrial Accident Compensation Insurance Act”) on the basis of the determination of the disability grade 1 provides that “if there are at least two different disabilities, any

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