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(영문) 인천지방법원 2020.05.26 2019구단30
장해등급결정처분취소
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, as a worker B, is receiving medical care from the Defendant with the approval of the medical care of “satision of 2 balance on the left side and 2 balance on the left side,” which was caused by occupational accidents during the process of disassemblying the pressure at the storage on August 30, 2016.

On April 11, 2018, after the completion of treatment, the defendant claimed disability benefits to the defendant.

B. Accordingly, on June 11, 2018, the Defendant rendered a ruling under class 10 on the ground that “The physical restriction is not confirmed on the left-hand balance of revenues and expenditures (90 degrees, 40 degrees, 80 degrees, 60 degrees, 60 degrees, 20 degrees, 14 level, 14 level, 10 level, 14 level, and 14 grade 10, and 14 grade 10 (hereinafter “instant disposition”).” (hereinafter “instant disposition”).

C. On November 30, 2018, a request for review filed by the Plaintiff to the Defendant against the instant disposition was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is in a situation in which it is currently impossible to work with pain, and even if the movement of multi-friendly fingers is considerably negative and decent, extreme pains do not stop every day, so the Plaintiff’s disability grade should be higher than the instant disposition.

Therefore, the instant disposition is unlawful.

B. Determination as to whether the disability grade of the second balance of the left-hand side falls under the disability grade, 1/2 or more of the scope of normal exercise should be restricted, and Article 53(1) and [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall be limited to the disability grade.

9. Article 48 and [Attached Table 5] of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Ordinance of the Ministry of Employment and Labor No. 233, Dec. 13, 2018; hereinafter the same shall apply) for a person who has failed to use the second fingers properly or two fingers other than the second fingers and second fingers.

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