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(영문) 전주지방법원 2021.01.13 2017구단916
장해등급에 관한 처분취소
Text

The plaintiff's lawsuit is dismissed.

Costs of lawsuit shall be borne by the defendant.

Reasons

Details of the disposition

A. On May 12, 2008, the Plaintiff was an employee of B Co., Ltd., who was carrying materials in the vicinity of the construction site of the said company, and was injured by a collision between vehicles and vehicles (hereinafter “the instant disaster”).

B. On November 25, 2013, the Plaintiff received medical care until November 25, 2013 due to “the external emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral

(c)

On April 2017, pursuant to Article 59(1) of the Industrial Accident Compensation Insurance Act, the Plaintiff filed an application for a determination of disability ratings with the Defendant, and the Defendant, upon conducting a medical examination to determine disability ratings, issued a disposition of “notification of the determination of disability ratings” under class 4 (except for those who are not likely to have any impediment to the function or mental function of the relevant neurosis) to the Plaintiff on the ground that there is no difference between the immediately preceding disability and the determination of disability ratings (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 4, and judgment ex officio as to the legitimacy of the lawsuit of this case as a whole,

A. On April 22, 2019, this Court decided to revoke the instant disposition against the original Defendant, and to take a new disposition against the Plaintiff by comprehensively taking account of the result of the request for appraisal of medical records to the C Association Head of this Court.

After the Defendant issued the aforementioned new disposition, it is clear in the record that the Plaintiff immediately withdrawn the instant lawsuit, and the Defendant consented thereto. The fact that the Defendant revoked the instant disposition on May 13, 2019 and rendered a new disposition to determine disability rating under class 5 No. 8 against the Plaintiff is without dispute between the parties.

(b).

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