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(영문) 서울고등법원 2020.04.24 2019재누171
장해등급재판정불응에따른장해연금지급일시
Text

1. The lawsuit of this case shall be dismissed.

2. The plaintiff shall bear the costs of retrial.

The purport of the request for retrial;

Reasons

1. The following facts are acknowledged according to the records of this case’s judgment subject to review.

[1] On August 23, 2013, the Defendant determined the final 7th grade of disability by aggregating class 8, class 2, and class 9 and class 15 of the mental disability to the Plaintiff for reexamination.

On October 15, 2015, the re-appellant provided the Plaintiff with a guidance on the selection of persons eligible for disability re-determination pursuant to Article 59 of the Industrial Accident Compensation Insurance Act, and the re-appellant stated that he/she would not follow the re-determination procedure while he/she was not subject to re-determination.

On August 23, 2016, the Re-Appellant rendered a disposition to temporarily suspend the payment of the disability compensation annuity to the Plaintiff on August 23, 2016 in accordance with Article 120 of the Industrial Accident Compensation Insurance Act.

On September 6, 2016, the plaintiff filed a lawsuit seeking revocation of the above disposition, and on December 8, 2016, the judgment dismissing the claim (Seoul Administrative Court Decision 2016Gudan23458) was rendered.

On December 21, 2016, the Re-Appellant appealed on December 21, 2016, and on June 15, 2017, the judgment dismissing the appeal (Seoul High Court Decision 2017Nu30940) was rendered.

On October 12, 2017, the Plaintiff filed a final appeal, which was dismissed on October 12, 2017.

(Supreme Court Decision 2017Du50430. 2] On March 12, 2019, the Plaintiff filed a lawsuit for retrial against the said appellate court judgment. On May 30, 2019, the judgment dismissing part of the lawsuit for retrial and dismissing the remainder of the petition for retrial (Seoul High Court Decision 2019Nu34) was pronounced.

On June 11, 2019, the Plaintiff filed an appeal against this, and on September 25, 2019, the appeal was dismissed.

(Supreme Court Decision 2019Du43870). On October 17, 2019, the Plaintiff filed a lawsuit for retrial of the instant case (Seoul High Court Decision 2019Nu34).

2. (i) The above case of retrial for which the Plaintiff filed a lawsuit for retrial of this case (Seoul High Court Decision 2019Nu34, hereinafter “instant judgment subject to retrial”) is governed by Article 451(1) of the Civil Procedure Act, as alleged by the Plaintiff for retrial.

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