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(영문) 서울고등법원 2018.10.30 2018누45093
장해등급결정처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence No. 1, evidence No. 2-1, evidence No. 2-2, evidence No. 3-1, 2-2, and evidence No. 6, and the statement No. 1 and No. 2-1, and the purport of the whole pleadings;

A. On January 3, 2012, the Plaintiff received the diagnosis of “self-exploital cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms” from the Defendant and filed a claim for disability benefits with the Defendant on August 2016 after the medical care was granted.

B. On August 26, 2016, the Defendant determined the Plaintiff’s disability grade No. 5 No. 8 in relation to the above upper branch.

C. As a result of the Plaintiff’s request for reexamination on March 2, 2017, the Plaintiff was rendered a ruling to revoke the said ruling on May 19, 2017.

Accordingly, on May 24, 2017, the Defendant determined the Plaintiff’s disability grade under class 3, which corresponds to “persons who are unable to engage in labor for their entire life due to a significant obstacle to the function or mental function of the neurosis.”

(hereinafter “instant disposition”). 2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's disability state can not walk at the left-hand edges, wheel chairs, and the left-hand top is required to assist others in performing most daily living activities, such as personal hygiene, bath, sloping, and use of toilets. Thus, even though the plaintiff's assertion that the plaintiff's disability state falls under "a person who needs considerable harm to the function or mental function of the neurosis and who needs to receive constant nursing from time to time," the disposition of this case which determined the plaintiff as the disability grade 3 is unlawful.

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

C. 1) According to Article 57(2) of the Industrial Accident Compensation Insurance Act and Article 53 [Attachment 6] of the Enforcement Decree of the same Act, the disability grade No. 2 subparag. 5 of the disability grade for the function or mental function of the neurosis shall be determined as “a person who needs to have an obvious impediment to the function or mental function of the neurosis from time to time,” and class 3 subparag. 3 of the same Article shall be determined as “ne

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