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(영문) 서울고등법원 2015.05.06 2014누6656
장해등급결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain the above part of the disposition are as stated in the reasoning of the judgment of the court of first instance, and thus, it shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion constitutes a person with a high level of genetically modified disability in her mother states, and the disability grade should be determined at least 11 if the Plaintiff’s claim is included in the neutical disorder, but the instant disposition that determined the disability grade as class 12 is unlawful.

B. Determination 1) With respect to the degree of disability of scale transformation, the criteria for disability grades in Table 6 of Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act are as follows: (a) the remaining persons of extremely modified disorder are as Grade 10; (b) the remaining persons of high-level modified disorder in leapju as Grade 11; and (c) the remaining persons of leapju as Grade 12; and (d) the remaining persons of leapju as to the remaining parts of leapju as Grade 13; (b) the detailed criteria for the determination of disability grades in physical parts 5 of Table 48 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Ordinance of the Ministry of Employment and Labor, No. 70, Dec. 13, 2012); (c) the pressure rate of verte transformation in spine; (d) the pressure rate of verte change in spine shall be determined based on the pressure of spine; and (e) any persons whose remaining part is less than the average length rate of body transformation in spin immediately below the remainder.

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