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(영문) 인천지방법원 2018.12.11 2017구단524
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 18, 2016, while preparing work in B, the Plaintiff filed a claim for disability benefits to the Defendant upon the diagnosis of an injury or disease “satisfying the left side satisfy, the left side satisfy, the opening of the left side, and the left side satisfy.” On April 28, 2017, the Defendant rendered a disposition of Grade 11 of the final disability grade (Grade 11 and Grade 14, a person who has failed to properly satisfy two or more severe satisfys, including the serious satfys proposed) (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff cannot properly use 1, 2, 3, and 5 metives of left headings due to the disaster of this case, and cut off the 4 metives. Accordingly, the plaintiff's disturbance remains in the country (general East). Such obstacle constitutes class 9, class 13 (a person who becomes unsatisfying the face of a single proposal both) and class 12, class 15 (a person who remains in the country part) and class 8 of class 12 (a person who remains in severe vegetable symptoms).

(1) The standards for disability grades prescribed in Article 57 (2) of the Act shall be as prescribed in attached Table 6;

In such cases, the detailed standards for determining disability grades by physical parts shall be determined by Ordinance of the Ministry of Labor.

[Attachment 6] Criteria for disability grade (Article 53(1) related to Article 53(1) of the Enforcement Decree) - Class 9 13: Persons who have become unusable for all of the proposals - Class 11 10: Persons who have become unusable for at least two of the 12th degree 15, including the dysium of one proposal, - Persons who have left serious psychotropic symptoms in the national department - Persons whose 14th grade 10 remains in the national department; Persons who have been suffering from psychotropic symptoms in the national department;

C. The result of the physical examination commissioned to the C Hospital Head - The negotiology of the Plaintiff’s appeal from the rehabilitation department.

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