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(영문) 대전지방법원 2019.05.30 2017구단973
장해등급처분취소
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 March 22, 2002, the Plaintiff was determined as Grade 6 2 of the former Act on Welfare of Persons with Disabilities (amended by Act No. 7184, Mar. 5, 2004; hereinafter the same) due to the Plaintiff’s loss of the function of the second balance of the right, on the ground that he/she suffered from injury, such as pressure, damage to the 2nd balance of the right, and heat, etc. (hereinafter “previous injury”).

B. On September 30, 2016, the Plaintiff was receiving medical care on the part of saw saws for wood cutting (hereinafter “instant accident”), and filed a claim for disability benefits from the Defendant on April 5, 2017, after concluding medical treatment on March 31, 2017, for the Defendant’s medical care on the part of “the second part of the second part of the part of the lower part of the lower part of the lower part of the lower part of the earth, the second part of the part of the lower part of the lower part of the body, the inner part of the part of the lower part of the lower part of the lower part of the body, the second part of the part of the lower part of the lower part of the lower part of the body, and the half part of the upper part of the upper part of the upper part of the body of the earth.”

C. On April 7, 2017, pursuant to Article 57 of the Industrial Accident Compensation Insurance Act, Article 53 of the Enforcement Decree of the same Act, and Article 48 [Attachment Table 5] of the Enforcement Rule of the same Act, the Defendant issued a disposition on the site for disability benefits on the ground that “the Plaintiff’s disability grade No. 13 grade No. 8 of the disability grade with the right 2 balance 0 degrees, 0 degrees, 0 degrees, 0 degrees, 0 degrees, 00 degrees, 00 degrees, 13 degrees, 13 degree 8 or 11 of the disability grade under the Industrial Accident Compensation Insurance Act, the previous injury falls under class No. 13 grade No. 8 or 11 of the disability grade under the Industrial Accident Compensation Insurance Act, and there is no additional disability benefits to be paid.”

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on July 21, 2017.

[Grounds for Recognition] contain non-contentious facts, Gap evidence 1, 2, and Eul evidence 1 to 6.

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