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(영문) 서울행정법원 2016.04.14 2015구단13416
장해급여부지급처분취소
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. The plaintiff was a person who joined B and was engaged in presses work, and received treatment by suffering injuries from the fingers as follows during the work process.

On March 23, 1989, the injury and disease details as of the date of temporary treatment completion, cut from the upper part of the upper part of the second part of the right on May 24, 1989, the upper part of the upper part of the 2nd part of the 2nd part (1/2) cut on July 20, 199, and cut from the upper part of the right, the upper part of the 2nd part of the 2,3,4,5 resin on December 9, 1999.

B. The Plaintiff received disability benefits from the Defendant upon receiving each of the above injuries.

The amount of lump-sum disability calculated on July 22, 1989 falls under class 4 of grade 8 of grade 14,072,60 as of January 14, 200 (the amount of aggravated disability as an existing disability) but the standard number of days for aggravated disability is 495 days, considering the existing disability (class 11), 275 (495-20) is 275 days when considering the existing disability (class 11). Since the number of days for disability benefits for class 10 of grade 9 is less than 385 days when the number of days for disability benefits for class 10 of grade 9 is 385 days when the 385 disability benefits for class 10 of grade 9 falls under class 7 of grade 8,737,450, but the number of days for disability benefits calculated on the basis of the aggravated disability grade is 121 days (616-495), and the number of days for disability benefits for class 100.

C. At present, the Plaintiff’s condition was cut from the middle part of the right 2 balance abandonment, 3 balance 4 balance 4 balance 4 balance 4, 5 balance 5 balance 5 balance 5 balance 5, and the right 1 balance 1 balance 5 balance 1 balance 1 balance 5, but the hand 1/2 or more of the normal movement scope is hard.

The Plaintiff filed a claim for disability benefits with the purport that disability benefits after deducting the existing class 8 shall be paid as disability pension, because the Plaintiff’s disability benefits falls under class 7 as a severe disability due to a disaster on June 17, 2000, but the Defendant paid disability benefits after the lapse of three years from the date of completion of treatment on August 20, 2014.

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