logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.04.27 2017구단68458
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. On May 14, 2014, while working in the Lmons Korea Co., Ltd. (hereinafter “the instant disaster”), the Plaintiff received medical care approval from the Defendant with respect to “low oxygen cerebral brain damage, cardiopulmonary dynamics, depression, chronic dementia, and recognition disorder,” etc.

B. On March 10, 2016, the Plaintiff filed a claim for disability benefits with the Defendant. On April 15, 2016, the Defendant decided the Plaintiff’s disability grade as Class 9 subparag. 15 (a person whose labor service remains limited to a considerable degree due to the function or mental function of the new system) and paid the Plaintiff a lump-sum disability payment.

C. The Plaintiff filed a petition for review against the determination of the above disability grade, but the petition for review was dismissed on September 2016.

On April 4, 2017, the Plaintiff filed a claim for disability benefits with the Defendant with the same content as the former, and the Defendant, on June 13, 2017, determined the Plaintiff’s disability grade as class 15.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the disaster of this case constitutes a person with disabilities (Class 5 No. 8) or a person with disabilities (Class 7 No. 4) with the exception of those who have a significant obstacle to the function or mental function of the neurosis and who are not easily impaired due to the disaster of this case. However, the defendant's disposition of this case on a different premise is unlawful.

나. 관계 법령 ◇ 산업재해보상보험법 시행령 제53조 (장해등급의 기준 등) ① 법 제57조 제2항에 따른 장해등급의 기준은 별표 6에 따른다.

In such cases, detailed standards for determining disability grades by physical parts shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Attachment 6] Criteria for disability grade (related to Article 53(1)) No. 5: The function of the negoal system shall be the function of the nego.

arrow