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(영문) 창원지방법원 2018.11.28 2017구단10112
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. On June 9, 2015, while working around 19:00 on June 19, 2015, the Plaintiff was involved in an accident where severe pains occurred due to the sound to be put in lusium. As a result, the Plaintiff was diagnosed as a superior disease of “adrasium No. 3” and provided medical care until July 19, 2016, and then claimed disability benefits to the Defendant.

B. On August 8, 2016, the Defendant rendered a disposition to determine the disability grade as class 14 (hereinafter “instant disposition”) on the ground that “the pressure rate of the Plaintiff’s third summary pressure is 8%, and constitutes “the remaining person with a minor modified disability in spine” (hereinafter “instant disposition”).

C. On October 2016, the Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was rendered on December 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, Eul evidence Nos. 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to the Plaintiff’s view of the Plaintiff’s assertion, the Plaintiff’s 3rd position pressure rate is 47.5%, and the Defendant’s advisory director’s 3rd position also refers to 37.7% pressure rate. Thus, the Plaintiff’s final disability grade should be class 7 of class 11, but the instant disposition that was determined by class 11 is unlawful.

B. (1) According to Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act and Article 48(8)(c) of the Enforcement Rule of the same Enforcement Rule, class 11 subparag. 7 of the disability grade refers to “the person who suffers from a high-level transformation disorder in son,” and this refers to a person who is at least 30 percent but less than 50 percent of the total of the pressure rates of spine in spine within the same sports unit, and class 12 subparag. 16 of the same class refers to “the person who suffers from a change in spine in son, etc.,” which refers to a person whose total sum of the pressure rates of spine in verte in the same sports unit is at least 20 percent and less than 30 percent, and class 13 subparag. 12 of the same grade

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