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(영문) 인천지방법원 2019.01.22 2017구단470
산업재해장해등급재판정처분취소
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 30, 201, the Plaintiff was an employee of the Plaintiff Company B, who was found to have fallen at the construction site of a building on September 30, 201, and obtained approval for the injury and disease “as the Plaintiff was under the approval of the injury and disease, i.e., e., e., e., e., e., e., e., e., e., g., e., e., g., e., g., e., g., e., g., e., e., g., e., g., e., g., e., g., e., g., e., e., g., e., e., g., e., e., e., e., e., e., e., e., e., e.., e.;

B. On February 26, 2015, the Plaintiff was subject to the determination of a disability grade among disability pension payments, and filed a request for examination with the Board of Audit and Inspection to the Board of Audit and Inspection upon the Defendant’s disposition of Grade 8 (Class 9-15, Part 9-15, Part 11-7, and part 11-7, and part concerning the sale (hereinafter “instant disposition”), but was dismissed on February 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the plaintiff asserted that his mental function disorder was diagnosed as class 5-8 upon the defendant's request of special medical examinations, the defendant neglected the result and unilaterally decided that the plaintiff's mental function disorder was a class 11-7 of the relative disability grade and class 8 of the adjustment after unilaterally holding an advisory society as class 9-15. The disposition of this case is unlawful.

B. Medical opinions 1) The result of the physical examination commission conducted by this Court (as of August 7, 2018, the Plaintiff’s recognition function degradation and depression, sulphism, decentralization, decentralization, and shock coordination are left in general labor capacity, but due to the disorder in the function or mental function of the neurosis.

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