[1] In determining grades of overlapping disabilities under the Industrial Accident Compensation Insurance Act, the criteria for determining whether the result of rating adjustment has resulted in the disturbance of the grade of disability

[2] The case holding that in case where two descendants suffered an industrial accident, the result of rating adjustment does not cause harm to the order of disability grade in determining the grade of duplicate disability under the Industrial Accident Compensation Insurance Act

[1] Article 42 of the Industrial Accident Compensation Insurance Act, Article 31 [Attachment 2] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, Article 42 [Attachment 4] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act / [2] Article 42 of the Industrial Accident Compensation Insurance Act, Article 31 [Attachment 2] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, Article 42 [Attachment

Plaintiff

Korea Labor Welfare Corporation

Seoul High Court Decision 2003Nu1426 delivered on October 2, 2003

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

In determining the degree of double disability under the Industrial Accident Compensation Insurance Act, first of all, the degree of disability of each disability shall be determined by classifying the status of each disability, and the grade of disability shall be determined after adjusting it pursuant to Article 31(2) of the Enforcement Decree of the same Act, and it shall be confirmed whether it disturbs the heat of disability grade between the disability grade of the physical disability grade. Thus, whether the result of the grade adjustment results in the disturbance of the heat of disability grade shall be determined by considering the state of disability together with the loss of labor ability or physical function.

According to the reasoning of the judgment of the court below and the judgment of the court of first instance as cited by the plaintiff, since the plaintiff was involved in an industrial accident as stated in its judgment and left hand was cut to a part of the bar bar, which is less than 45 degrees old, 60 degrees old, 20 degrees old, 20 degrees old, and 20 degrees old, 70 degrees old, 60 degrees old, 60 degrees old, 60 degrees old, and 40 degrees old, which are less than 6 degrees old, and the disability grade of the plaintiff was less than 4 degree old, 60 degrees old, 60 degrees old, and 40 degrees old, 60 degrees old, old, 60 degrees old, and 60 degrees old, old, 60 degrees old, old, 40 degrees old, old, and so the above-mentioned disability grade of the plaintiff was less than 5 degrees old, and the above-mentioned disability grade of the plaintiff was less than 4 degree old, 400 degrees old, old, 60000.

In light of the above legal principles and the records, we affirm the above recognition and determination by the court below, and there is no error in the misapprehension of legal principles as to the determination of disability grade as otherwise alleged in the ground of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Shin-chul (Presiding Justice)