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(영문) 부산지방법원 2019.08.28 2018구단21594
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 instant disposition

A. The plaintiff is working under the control of the company B.

On September 13, 2014, in Kimhae-si, a crashed accident (hereinafter “instant accident”) among painting construction works (hereinafter “instant accident”). From that date, medical care was provided to an approved injury on the basis of “the 6-threst soften, 5-threst softening, 6-threst softening, 1, 4-throsting, 2, 3-throsting, 3-throsting, 3-throsting, 7, 7, and 8)” until May 23, 2018.

B. After completing medical care, the Plaintiff claimed disability benefits to the Defendant on May 31, 2018.

C. On August 9, 2018, the Defendant determined the disability grade to fall under “a person whose physical or mental disorder remains obvious and who is not able to be easily seen” (a person whose labor ability remains remaining for about 1/4 of the general public due to blood rain or other obvious salvines, 42% of the fixed inverte rate No. 62% of the plebrate, the pressure rate of 6% of the plebrest, and the short of the right completion standard (140 degrees)).

[Ground of recognition] Facts without dispute, Gap's 1, 2, 4, 6, Eul's 1 and 2

2. The legality of the instant disposition

A. Although the Plaintiff’s assertion constitutes “a person who is unable to engage in labor during his life with a significant obstacle to the function or mental function of his/her neurotic system,” the instant disposition by the Defendant on a different premise is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. A written diagnosis of May 23, 2018 issued at the time of a request for disability benefits by a medical specialist in the rehabilitation department, who is the Plaintiff’s chief doctor of the Plaintiff’s department of assessment of the degree of disability by the Plaintiff, was assessed as “a person who is unable to engage in labor for all life other than daily action,” and the grounds therefor are as follows.

An independent device and walking without walking in each side due to the damage of the burgical water from the burgical damage shall be moved to the wheel, and the movement shall interfere with the implementation of daily action due to the disorder of the function of the upper right.

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