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(영문) 울산지방법원 2018.04.05 2017구합248
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) The Plaintiff, as an employee of Indidden Co., Ltd., which is a company of Indden Co., Ltd., on May 10, 2016, suffered from a disaster falling at a height of 1 meter from among the internal removal limits of waste materials related to the Indago Corporation, which was implemented by the said company at around 08:0 on May 10, 2016 (the approved name: the name of the injury: the frame 2, 3, and 4), and from May 10, 2016 to the right side.

6. Until October 17, 2016, the applicant filed a claim for disability benefits after medical care.

B. On October 26, 2016, the Defendant: (a) deemed that the Plaintiff constituted “the remaining persons with minor modified disabilities or the remaining persons with inorganic changes on the water side of spine,” and (b) rendered a decision on the disability grade under class 11 of class 14 against the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the Defendant dismissed the said claim on January 20, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3, 5, 7 evidence, Eul's 1 and 3 evidence (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is in a state in which the scope of occupational choice is restricted due to the aftermath of the instant accident, and recently, the mental function has been hindered due to depression, strawing, continuous pain, etc., and the spine separation certificate that had not existed at the time of the accident is confirmed, which is unlikely to be completely cured for a short period.

Therefore, considering these circumstances, the Plaintiff’s disability condition at the time of filing a request for examination to the Defendant No. 11 subparag. 7 of the disability grade, stating that “The Plaintiff’s disability condition constitutes class No. 12 subparag. 16 of the disability grade, since e.g., e., e.,

Since it is clear that the instant disposition constitutes a different premise, the instant disposition is unlawful.

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

(c) medical opinion 1) Plaintiff’s doctor’s opinion (in the modern hospital - various kinds of hospitals);

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