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(영문) 인천지방법원 2018.02.08 2016가단236901
공제급여
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff B is the father of Plaintiff A, and the Defendant is the school safety accident compensation mutual aid association in which Chigh School Head has joined.

B. On April 13, 2015, Plaintiff A, who was enrolled in C High School, moved to a practice site on April 13, 2015, was suffering from the hallway, which was affected by the right direction, (hereinafter “instant injury”). On December 29, 2015, Plaintiff A received a re-examination on December 29, 2015, and January 5, 2016.

C. D, who is delegated with authority by Plaintiff B, filed a claim for medical care benefits and disability benefits on June 22, 2016. However, the Defendant rejected payment of disability benefits only on the ground that “In order to determine whether the disability diagnosis report (7m on the dry side comparison) of the Gacheon-ro Hospital was appropriate, the dong-gu in comparison with the dry side was 3.9m in the examination conducted at the Gacheon-ro Hospital on July 22, 2016, the Defendant refused payment of medical care benefits and disability benefits on the ground that “the dong-gu in the dry River Hospital was 3.9m in the dry side, and the dong-gu in the dry side was measured as 4m in the dry side,” and that the dong-gu in the upper side was not recognized as disability.

Article 37 of the Act on the Prevention of and Compensation for Accidents at School (hereinafter “School Safety Act”) provides that “Disability benefits shall be paid to the beneficiary or his/her guardian, etc., for the amount prescribed in Article 3(2)3 of the State Compensation Act and consolation money prescribed in Article 3(5) of the same Act when any beneficiary who received medical care benefits under Article 36 has any disability even after the medical care has been terminated (Article 36), and necessary matters concerning the criteria for determining the degree of disability and the calculation of the amount of disability benefits and the method for payment thereof under Article 3(1) shall be prescribed by Presidential Decree (Article 3(2).” Article 16(1) of the Enforcement Decree of the School Safety Act provides that “The degree of physical disability and the rate of loss of labor force shall be as specified in attached Table 2.”

Article 10 Section 10 of the attached Table 2 of the disability grade table is a significant obstacle to the function of Section 1 of Section 1 of Section 2 of Section 3 of the same bridge.

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