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(영문) 서울고법 1984. 11. 6. 선고 84구333 제1특별부판결 : 확정
[장해보상금불지급처분취소청구사건][하집1984(4),580]
Main Issues

The meaning of a person who uses not less than 7 dental technicians for not less than 7 category 3 of attached Table 13(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act;

Summary of Judgment

It is reasonable to see that the degree of physical disability as stipulated in the table of physical disability grade in attached Table 1 of Article 13(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act refers to the degree of physical disability in relation to the part of the actual injury. Therefore, the cases where dental technicians are carried out with respect to not less than 7 cars as stipulated in attached Table 13(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act with respect to not less than 7 cars as stipulated in subparagraph 3 of attached Table 13(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act refer only to cases where dental technicians have actually been lost or substantially damaged, and it does not include cases where dental technicians have been carried out with respect to the part of

[Reference Provisions]

attached Table 12 of Article 13(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act

Plaintiff

Plaintiff

Defendant

Ministry of Labor and the head of Incheon Regional Office

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Purport of claim

The Defendant’s disposition on the payment of disability compensation benefits, which was made against the Plaintiff on September 28, 1983, is revoked.

The judgment that the lawsuit costs shall be borne by the defendant.

Reasons

The plaintiff is not entitled to the above 1, 2, 3 (Medical Certificate No. 1), 2-1, 2-1, 5-1, and 2-2 of the attached Table No. 1, and 3-2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act if the plaintiff was not entitled to the above 1, 1, 3-1, 4-1, 5-1, and 1-2 of the above Act, and the above 10-6-1, and the defendant is not entitled to the above 10-1, 3-1, 5-1, 4-1, 5-1, 5-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-1, 6-2, and 1, 6-1, 6-3, 1, 6-1, 6-4, 1, 1,2,2.

Article 13(1)3 of the Industrial Accident Compensation Insurance Act provides that the Plaintiff shall be deemed to have seriously lost dental technicians of not less than 7 grades 12 of the Enforcement Decree of the same Act, and shall include cases where dental technicians have actually lost or substantially damaged dental technicians, and the degree of physical disability suffered by the Plaintiff shall be deemed to be not less than Grade 10 of the same Act, and shall not be less than Grade 10 of the same Decree, and shall not be less than Grade 10 of the same Act, the average wages (in case of dental technicians not less than 7,50 won, it shall be deemed to have been paid not less than Grade 10 of the same Act, and shall not be less than Grade 10 of the same Decree, the amount of physical disability of not less than Grade 10 of the same Act, which shall be deemed to have been paid not less than Grade 10 of the same Act, for the remaining physical disability of not less than Grade 2 of the same Decree, and shall not be less than Grade 13 of the same Act, the above Act and the Enforcement Decree of the Industrial Accident Compensation Insurance Act.

Judges Kim Jae-chul (Presiding Judge)

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