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(영문) 울산지방법원 2016.06.02 2015구합1230
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

가. 원고는 2014. 8. 8. 전정 기계로 칡넝쿨을 자르다

벌이 날아오르자 놀라서 전정 기계를 떨어뜨렸고, 기계가 나무에 부딪쳤다가 튕기면서 원고의 손에 닿았다.

In the above accident, the Plaintiff was diagnosed as the “Secho-satise of the well-satise satise satise of the well-satise satise, and

B. From August 8, 2014 to January 8, 2015, the Plaintiff received medical treatment, and on January 9, 2015, claimed that the Defendant suffered an injury or disease in the above diagnosis name due to an occupational accident, and applied for disability benefits.

C. On January 23, 2015, the Defendant rendered a site pay disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that the degree of physical disability and the common disability in the 1st balance of the right, which is both, does not reach the disability grade as prescribed by the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

On May 18, 2015, the Plaintiff filed a petition for review against the Defendant for revocation of the above disposition, but the Defendant dismissed the petition for review on May 18, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including a provisional number; hereinafter the same shall apply), 2, 3, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s diagnosis of the main text of the claim is that the Plaintiff’s exercise function of the Plaintiff’s right hand hand handball does not exceed 20 degrees, which constitutes a disability above the disability grade under the Industrial Accident Insurance Act, and the Plaintiff’s daily life constitutes an obstacle above the disability grade under the Industrial Accident Compensation Insurance Act, and there is inconvenience and continuous pain, but the Plaintiff’s right hand hand hand over falls short of the disability grade, the instant disposition is unlawful.

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

C. The recognition is based on ① the Plaintiff’s intention on January 8, 2015, on the average exerciseable area (unit: Do) between the Plaintiff’s right hand hand hand hand hand hand hand and the balance hand hand, and ② thereafter.

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