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(영문) 부산고등법원 2012.10.24 2012누1792
장해보상연금개시일자결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The first day of the disability compensation annuity, which the Defendant had against the Plaintiff on May 4, 2010.

Reasons

1. Details of the disposition;

A. On July 25, 1982, when the Plaintiff served as a maintenance engineer belonging to the State Council, the Plaintiff took a bridge to another employee at the waiting room for driving technicians, and was diagnosed by slovashitis, slovashitis, slovashitis, slovashitis, etc., and was treated as a slovashosis in a slovash, slovashosis, etc.

B. After treatment, the Plaintiff continued to perform pains on the right upper part and the slot pipe, the Plaintiff was diagnosed on December 26, 1983 by the typoid typosiss in the Gannam University Uniform Hospital on both sides. On January 6, 1984, the Plaintiff was diagnosed on January 6, 1984 by the same hospital, and was discharged on February 4, 1984 after the passage, from the hospital on February 4, 1984, and was treated until March 1984.

C. After that, the Plaintiff applied for medical care as an injury or disease and obtained the approval on October 14, 1985. On October 10, 2003, the Plaintiff applied for disability benefits to the Defendant. However, on October 23, 2003, the Defendant rendered a disposition to pay disability benefits on the ground that the Plaintiff’s right-hand bridge disability grade falls under class 7, but the three-year extinctive prescription has expired from the end of March 1984, which is the date of the completion of medical care.

Although the plaintiff filed an administrative lawsuit seeking revocation of the above disposition, the plaintiff was sentenced to the plaintiff's failure judgment as Busan District Court 2005Gudan474 on the ground that the plaintiff's right to claim disability benefits has expired, and the above judgment became final and conclusive as it is by the judgment of the Supreme Court 2006Du1876 on April 13, 2006 after the dismissal of appeal by the Busan High Court 2005Nu2131.

E. On April 22, 2009, the Plaintiff obtained approval of additional medical care on the ground that it is necessary to refund the bloodless dystyposis and mathitis on the left-hand left-hand side from the Defendant, and closed the treatment on April 14, 2010, and applied for disability benefits to the Defendant on April 23, 2010.

F. On May 4, 2010, the Defendant’s disability grade of the Plaintiff’s bridge on the left-hand side falls under class 7.

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