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(영문) 울산지방법원 2017.09.07 2016구합5215
장해등급결정처분취소
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;

A. On July 24, 201, the Plaintiff: (a) returned home on July 25, 201 to Busan University Hospital after having been employed as a driver of Tae Young bus Co., Ltd.; and (b) returned from July 25, 2011 to Busan University Hospital; (c) was diagnosed by the two parts of the instant hospital’s blood transfusion (hereinafter “instant injury”).

The Plaintiff received the approval of the medical care for the above injury and disease, and completed the medical care on March 19, 2015.

B. On May 8, 2015, the Plaintiff filed a claim for disability benefits with the Defendant on the part of the mid-to long-term bordering that it constitutes class 7 subparag. 4 of the disability grade (hereinafter “instant disposition”). On June 9, 2015, the Defendant rendered a decision that the Plaintiff’s disability falls under the category No. 7 subparag. 4 of the disability grade as a person who is unable to undergo the part of the Plaintiff’s physical or mental function, with the exception that the Plaintiff

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant, but received a decision of dismissal from the Defendant on October 21, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff 1) is unable to exercise at all the plaintiff's left hand, which constitutes class 7 of class 7 of the disability grade (the plaintiff 1) (the plaintiff 1) and class 7 of class 7 (the plaintiff 5 fingers or fingers or fingers, including the one hand hand hand hand hand and the second hand hand hand hand hand, and the left hand hand hand hand hand hand handbs also cannot exercise at all, constitute class 6 of class 8 of the disability grade (the plaintiff 1).

Therefore, the plaintiff's disability grade is also the class 5 of the adjustment.

B) Even if the part, such as the part of Paragraph A due to the instant injury and injury, is merely part of Class VII subparagraph 4, the Plaintiff suffered interference with mental functions separate from the aforesaid part of the injury and disability grade 7.

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