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(영문) 수원지방법원 2017.10.13 2016구단2124
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (1) On September 29, 2014, the Plaintiff was a worker employed in B, and on December 15, 2014, the Plaintiff was involved in an accident of falling into the first floor floor by boarding a lifts while carrying materials on the second floor of the factory of the said company on December 15, 2014, and the name of the sick was approved as an occupational accident, and after the completion of medical care, the Plaintiff claimed disability benefits to the Defendant on October 21, 2015.

B. On November 17, 2015, the Defendant rendered the instant disposition against the Plaintiff, which decided and notified that the Plaintiff falls under class 10 [the remaining persons who interfere with the functions of Section 1 of the same bridge (70 degrees)] of Grade 12 of the disability grade.

Article 11(1) of the Industrial Accident Compensation Insurance Review Committee (hereinafter “Industrial Accident Compensation Insurance Review Committee”) provides that the Plaintiff shall file a request for review with the Korea Workers’ Compensation and Welfare Service on January 27, 2016, and that the Plaintiff filed a request for review to the Industrial Accident Compensation Insurance Review Committee. On May 20, 2016, the Industrial Accident Compensation Insurance Review Committee decided to change the disability grade to Grade 11 (Grade 12 of the occupational disorder in the salaks section 12 and class 11 of the same passbook that adjusted the 1

【Fact-finding 1】 Evidence No. 1, Evidence No. 3-1, 2, 3, Evidence No. 4 and 5, Evidence No. 1, and the purport of the whole pleadings

2. According to Article 57(2) of the Industrial Accident Compensation Insurance Act and Article 53(1) and attached Table 6 of the Enforcement Decree of the same Act, the disability grade of a person who is disabled by the function of one joint section among the three joints of one bridge falls under class 10 of class 12 and class 15 of class 12 of class 12 of class 12 of the disability grade of a person who remains with serious neological symptoms in the national department.

According to the attached Table 5 of Article 48 of the Enforcement Rule of the same Act, which sets the detailed criteria for the determination of disability grades by physical parts pursuant to Article 53(1) of the Enforcement Decree of the same Act, the time is due to ① in the category of interference with the function or mental function of the neurosis, but generally has labor ability, and it is serious together with the part suffered by the injured.

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