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(영문) 대구지방법원 2019.07.12 2018구단10809
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 September 19, 2012, the Plaintiff was a worker of B Co., Ltd., and was subject to the Defendant’s medical treatment approval on the ground of the occupational accident occurred at around 14:10 on September 19, 2012, following the Defendant’s claim for disability benefits, and was subject to the Defendant’s disability grade 7 [the Plaintiff’s disability grade 7] [the Defendant’s five fingers or serious fingers or fingers of five grandchildren, the left-hand plane damage, the second, the third left-hand part of the 2, the upper-hand part of the 4th left part, cut from the upper-hand part of the 2,3, and the upper-hand part of the 4th left part of the 4th part of the 4th part of the 4th part of the 4th part of the 4th part of the 7th part of the 7th part of the 7th part of the 7th part of the 7th part of the 7th part of the 10th part of the 14th part of the son.

B. On April 19, 2018, the defendant applied for a re-determination of the disability grade of class 8 [Article 8 subparag. 4] applicable mutatis mutandis to the plaintiff [Article 12 subparag. 12] (Article 12 subparag. 12), a person who has failed to properly use three or more fingers, including one finger or second fingers (Class 8 subparag. 4), a person who has failed to use one finger or fourth fingers (Article 12 subparag. 12), a person who is unable to wear his fingers and second fingers, other than one fingers (Class 14 subparag. 8) and second fingers (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 2 to 4, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the disease of this case is subject to considerable restrictions in daily life due to the disease of this case, and the exerciseable scope of 1,2,3, and4 balance on left-hand side is limited to not less than 1/2, and the disability grade No. 7 No. 7 of the disability grade is limited to 4 fingers including severe fingers and second fingers.

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