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(영문) 창원지방법원 2020.05.06 2019구단12099
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on February 20, 2019 is revoked.

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

Reasons

Details of the disposition

On June 30, 2015, the Plaintiff received medical treatment until December 31, 2018, with the approval of the “fresh thirroids No. 3 in the night, damage to the horse gun, external heat, fresh 10, 11), the left-hand cresh cresh (Lt. L1-3), the right-hand thalthals, boness, boness, boness, vegetable boness, and stress disorder after external wounds” due to occupational accidents occurred on the part of the Plaintiff.

After completing medical treatment as above, the Plaintiff claimed disability benefits to the Defendant, and on February 20, 2019, the Defendant rendered a decision that the Plaintiff’s disability grade falls under class 9 (hereinafter “instant disposition”).

The plaintiff filed a request for examination against this, but the defendant dismissed it on July 5, 2019.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 7, and the purport of the entire argument is legitimate, and the plaintiff's assertion as to whether disposition of the whole purport of the pleading is legitimate is an ordinary clause which makes it difficult for the plaintiff to carry out labor with a considerable and easy degree of the loss of labor ability due to the loss of the capacity due to the loss of the number of water, the non-performance of labor force, and pain. Thus, the disposition of this case judged to be Grade 9 is unlawful even though the disability corresponding to

Judgment

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

In this case, comprehensively taking account of the following circumstances acknowledged by the health team, Gap evidence Nos. 1 through 14, the result of the appraisal commission to the director of this court, the results of fact-finding, and the purport of the whole pleadings, the plaintiff is more serious than class Nos. 9-17 recognized by the defendant, even if the plaintiff's disability is not damaged, since the plaintiff's disability is more serious than class No. 17 of class No. 9 (the e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e. e., e., e., e

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