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(영문) 창원지방법원 2017.12.21 2016구단217
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 12, 2015, the Plaintiff: (a) while working in a factory as an employee affiliated with B on May 12, 2015; (b) was in an accident where the Plaintiff was in charge of sticking the processed products, and the Plaintiff was in charge of sticking them between the processed products and the marina; and (c) thereby, obtained the Defendant’s medical treatment approval on the “the structural frame near the second balance of the processed products, the opening of the center, and the pressure 2 balance of the right.”

On February 11, 2016, the Plaintiff provided medical care and filed a claim for disability benefits with the Defendant. On March 21, 2016, the Defendant: (a) deemed that the Plaintiff’s disability status falls under class 11-9 and class 14-10 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act under Article 53(1) [Attachment Table 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act; and (b) issued a disposition on the Plaintiff’s disability grade as class 11 (hereinafter “instant disposition”).

- The right fingers: The physical area of the second fingers falls under “a person whose physical area of the second fingers is measured with 30 degrees of the middle fingers, 20 degrees of the center diameters, 10 degrees of the center diameters, 10 degrees of the center diameters, or 10 degrees of the center diameters, and whose physical area of the second fingers or the first fingers of the part part is limited to 1/2 or more (class 11 class 9 of the disability grade) and falls under “a person whose physical fingers are remaining in the national part of the national part of the national part of the case” (class 10 of the disability grade No. 14). - The degree of restriction on the physical part of the national part of the case is measured with 150 degrees of the 150th part of the physical part of the case and the degree of restriction on the physical part of the national part of the case does not fall under the disability grade of the national part of the case.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of disability constitutes a disability grade higher than that of disability grade 11 under the condition that the Plaintiff’s right hand reduces his physical strength, etc., and thus, the instant disposition that determined the Plaintiff’s disability grade as of grade 11 is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The Plaintiff’s medical treatment progress and the Plaintiff’s second hand over the right hand in the C Hospital, etc. after the occurrence of the accident.

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