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(영문) 서울고등법원 2018.07.20 2018누36105
장해등급결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The reasoning of the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the grounds of the judgment of the court of first instance, for the following reasons:

From 3 pages 10 to 4 pages 15, the following shall apply:

In determining the degree of overlapping disability under the Industrial Accident Compensation Insurance Act, the disability grade shall be first determined by classifying the conditions of each disability, after adjusting it pursuant to Article 53(2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and the disability grade shall be determined after adjusting it pursuant to Article 53(2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and it shall be confirmed as to whether it disturbs the heat of the disability grade, and whether the result of the grade adjustment would cause the disturbance of the disability grade shall be determined by considering the state of the disability along with the loss of labor ability or physical function (see Supreme Court Decision 2003Du12646, Mar. 12, 2004). In this case, the following circumstances recognized by considering the whole arguments and the purport of the argument in the above facts, namely, ① the plaintiff's right-hand hand, cut above the balance of each of the middle fingers, which is not less than the balance of the disability grade of class 9 [Attachment 6] 10 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.

Fourth, since the total number of new fingers falls under class 9 of class 11 (including a person who has failed to properly use two fingers, other than severe fingers and second fingers), it is class 8 higher than one class of class 9 corresponding to the serious physical disability pursuant to Article 53(2)3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and ② these disability conditions of the Plaintiff include class 4 (including serious fingers and second fingers) of class 8.

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