1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On January 16, 2016, at around 09:00, the Plaintiff provided medical care to “Sulsan C-type urban residential housing construction site, which was implemented by B, performed a surgery after a distance of three meters, and on April 30, 2018.”

B. On May 10, 2018, the Plaintiff filed an application for disability benefits with the Defendant (the Vice-Governor) on May 10, 2018, along with a written disability diagnosis that the Plaintiff constitutes two to three disabilities, and was notified of the disability grade No. 6 on July 10, 2018.

C. Accordingly, the Plaintiff’s defect in the petition for examination, the Defendant revoked the above decision on December 14, 2018 and rendered a decision under class 5 subparag. 8 of the disability grade (hereinafter “instant disposition”).

[Identification Evidence: Evidence No. 1, 5, Evidence No. 1, 2]

2. Whether the instant disposition is lawful

A. The instant disposition is unlawful since it constitutes class 3 subparagraph 3 of the disability grade when based on the Plaintiff’s main body’s disability diagnosis report and the latter disability diagnosis report, etc.

(b) Disability benefits under Article 57 (Disability Benefits) (1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) shall be paid to a worker when he/she suffers from a physical disability, etc. after recovering from an injury or disease caused by his/her occupational reason.

(2) Disability benefits shall be disability compensation annuities or lump-sum disability compensation benefits prescribed in attached Table 2 according to the grade of disability, and the standards for such disability grade shall be prescribed by Presidential Decree

Article 53 (Standards, etc. for Disability Grades) (1) of the Enforcement Decree of the Industrial Accident Insurance Act shall be as specified in attached Table 6.

In such cases, detailed standards for determining disability grades by physical parts shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Attachment 6] Criteria for Disability Grades III (Related to paragraph 1 of Article 53)

3. Grade V persons who are unable to engage in labor throughout their lifetime their entire lives detrimental to the function or mental function of the neurosis.

8. The process of the negotisis;