1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On December 29, 2016, the Plaintiff was an employee of the Plaintiff Company B, who was in the process of installing a gas leakage circuit at a restaurant at C Medical Center (hereinafter “instant accident”), and was diagnosed as an external propoppy, and was hospitalized for four days until November 24, 2017, and three hundred twenty-seven days.

나. 원고는 이 사건 사고로 인하여 상병명 ‘외상성 지주막하출혈, 후각 소실증’을 승인받아 피고에게 산업재해보상보험법(이하 ‘법’이라고 한다)에 따른 장해급여를 청구하였으나, 피고는 2018. 5. 14. ‘후각은 완전 소실이 인정되나, 미각의 경우 신맛과 쓴맛에 대하여 약하게 맛을 느끼어 완전 소실은 아니다’라는 이유로, 원고의 장해등급을 제12급 제7호(코로 냄새를 맡지 못하게 된 사람)로 결정(이하 ‘이 사건 처분’이라고 한다)하였다.

C. Although the Plaintiff filed a request for review, it was dismissed on August 21, 2018, and the Plaintiff filed a request for reexamination on September 7, 2018, but received a ruling of dismissal of reexamination on November 29, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Determination as to the illegality of the instant disposition

A. The Plaintiff’s assertion that the instant accident occurred was completely cut off due to the unsatisfying, thereby having a food massage at all. Even in the disability diagnosis certificate issued by the Seoul National University Hospital head on September 7, 2018 and the opinion opinion issued on March 15, 2019, the Plaintiff stated that there was an unsatisfying symptoms due to the instant accident, so the Plaintiff’s disability grade should have been determined higher than the instant disposition.

Therefore, the instant disposition is unlawful.

B. Article 57(2) of the Act provides that the criteria for disability grades shall be set by Presidential Decree, and the former Enforcement Decree of the Act (Presidential Decree of July 2, 2019) shall be Presidential Decree.