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(영문) 대전지방법원 2017.10.31 2016구단75
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 April 20, 2014, the Plaintiff was an employee belonging to the Pakistan Construction Co., Ltd., and was at the work site, and was under the occupational accident falling on the concrete floor below three meters following the construction site of a commercial building, and was given medical treatment from April 20, 2014 to December 16, 2014 with the Defendant’s medical treatment approval.

B. After completing medical care, the Plaintiff filed a claim for disability benefits with the Defendant on February 3, 2015. On February 3, 2015, the Defendant rendered a disposition that the Plaintiff constitutes class 10 of class 14 of disability grade according to his/her opinion of advisory opinion that the Plaintiff’s disability status remains, as the Plaintiff’s symptoms remain, and thus, falls under class 10 of class 14.

The plaintiff, who is dissatisfied with the above disposition, was dismissed.

C. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and the Industrial Accident Compensation Insurance Reexamination Committee revoked the original disposition, and determined that the Plaintiff’s disability status falls under class 12 of disability grade on the ground that “the Plaintiff’s disability status falls under class 15 of grade 12, where it is medically recognized that “the Plaintiff’s disability status is “a labor ability, but it is medically recognized that it does not involve symptoms other than symptoms, such as mathy disorder in the function or mental function of the new system, salutism, salphism, and brain or abnormal, etc., and that it is medically recognized

(hereinafter referred to as the above, the defendant's disposition dated November 12, 2015 (hereinafter referred to as the "disposition of this case"). / [Grounds for recognition] without dispute, entry of Gap evidence 13 and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had no normal labor ability due to the continuous two copies, the starting site, and the parassis after the instant accident, and the function of the new category No. 7 No. 4 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act in accordance with the disability grade standard under the main sentence of Article 53(1) [Attachment 6] of the Enforcement Decree.

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