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(영문) 춘천지방법원 2016.09.30 2015구합1340
장애등급 결정처분 취소
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 December 11, 2013, the Plaintiff: (a) was an injury or disease (hereinafter “the instant injury or disease”); (b) in which the Plaintiff, while working in the Samdong War Co., Ltd. on December 11, 2013, was receiving medical treatment from December 11, 2013 to September 30, 2015, and claimed disability benefits from the Defendant.

B. On October 15, 2015, the Defendant: (a) fell under class 12 subparag. 9 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and at the same time, fell under class 12 subparag. 9 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and falls under class 10 of class 14 of the disability grade by deeming that the Defendant falls under class 10 of class 14 of the disability grade and is subject to a disposition under Article 12 subparag. 9, which is the disability grade corresponding to the severe disability (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination with the Defendant, but was dismissed on December 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was limited to more than 1/2 of the physical area of the right shoulder, and thus, the plaintiff's claim constitutes "the remaining person who has a significant obstacle to the function of one Section among the three sections of the single arms" and the disability grade falls under class 13 of class 10 and constitutes class 12 subparagraph 9 of the disability grade is illegal.

(b)in addition to the relevant Acts and subordinate statutes, the entry is as follows;

C. Each medical opinion of the Plaintiff’s director about the scope of exerciseable scope of the Plaintiff’s shoulder, the advisory opinions of the Defendant’s Integrated Examination Council, and the advisory opinions of the Defendant’s headquarters review agency, are recorded in the attached Table 2.

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