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(영문) 대구지방법원 2016.01.15 2015구단10266
장해급여부지급처분취소청구
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 July 6, 2013, while working in B, the Plaintiff was suffering from a disaster where the left-hand edges, etc. came beyond the product while moving a product as a cler on or around July 6, 2013 (hereinafter “the instant disaster”). The Plaintiff suffered from the injury of “the injury of this case” (hereinafter “the instant injury”).

B. The Plaintiff received medical care until January 31, 2014 with respect to the instant injury and disease upon obtaining the Defendant’s medical care approval. On December 16, 2013, the said injury and disease were subject to the Defendant’s non-approval disposition on February 3, 2014.

C. After that, on February 17, 2014, the Plaintiff filed a claim for disability benefits with the Defendant. However, on April 7, 2014, the Defendant rendered a disposition of disability benefits for the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff was unable to use the left-hand trees properly (class 8 of the disability grade), and the Plaintiff remains with severe psychotropic symptoms (class 12 of the disability grade), and the final disability grade is assessed to fall under class 8. However, in relation to the left-hand trees, it cannot be deemed that a delay disability class 6-2 of the Act on Welfare of Persons with Disabilities in accordance with the Act on Welfare of Persons with Disabilities has already been registered in relation to the left-hand trees (class 12 of the disability grade), and thus, it cannot be deemed that there was a more serious disability than the existing disability due to the instant accident.

In response to the instant disposition, the Plaintiff filed a request for examination with the Defendant, but the Defendant rendered a decision to dismiss the said request on September 5, 2014 after deliberation by the Industrial Accident Compensation Insurance Examination Committee.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1, 4, 5, 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the left-hand side of the plaintiff's previous argument.

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