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(영문) 서울고등법원 2017.07.12 2016누80696
장해등급결정처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

The reasoning of the court that partially accepted the judgment of the first instance is stated is "1. The grounds of the judgment of the first instance," and

2. Whether the disposition is legitimate;

A. The plaintiff's assertion;

(b) the relevant legislation;

(c) Except for the addition of the following, the part “medical opinion” is identical to the corresponding part of the reasons for the judgment of the first instance (from 1, 17, to 8, 17). As such, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, and Article 420 of the Civil Procedure Act:

On March 7, 2014, the Plaintiff applied for additional medical care on the grounds of the aggravation of the composite injury and disease symptoms, which are the instant injury and disease, and received additional medical care from March 10, 2014 after obtaining approval therefor.

In addition, “A. B. 3 and 4” shall be added to “A. 3 and 4” after the second 10 pages (based on recognition) “3.”

According to the provisions of Article 57(2) of the Industrial Accident Compensation Act, Article 53 [Attachment 6] of the Enforcement Decree of the same Act, and Article 48 [Attachment 5] of the Enforcement Rule of the same Act, in order to be a disability of class 7 due to a reduction of the number of stories or higher, the disability grade falls under “a person who has a reduction of the number of stories to the extent that it always impedes labor other than easy work,” and in order to be a disability grade 9 subparag. 15, the disability grade falls under “a person who has a significant limited scope of work category due to a reduction of the number of stories or higher.”

According to Article 5 subparag. 4, Articles 57(1) and 60(2) of the Industrial Accident Compensation Insurance Act, and Article 46(10) of the Enforcement Rule of the same Act, disability grades shall be determined at the time of completion of the medical care. If the condition of disability becomes worse or worse after receiving additional medical care, disability benefits shall be paid according to the disability grade corresponding to such improved or aggravated condition of disability.

The facts acknowledged prior to the Plaintiff’s disability grade falls under subparagraph 4 of class 7 and the overall purport of the arguments as a whole.

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