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(영문) 창원지방법원 2017.03.07 2013구단1219
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade that the Plaintiff rendered on December 18, 2012 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. On October 28, 201, while working at a subsidiary metal company, the Plaintiff was an accident that fells below the work unit (hereinafter “instant accident”). As a result, the Plaintiff obtained medical care approval from the Defendant against an injury or disease, such as a tent cutting of a tent, a stoves, stoves, stoves, stoves, stoves, stoves, and neutical brus.

After receiving medical care until September 17, 2012, the Plaintiff filed a claim for disability benefits with the Defendant on October 15, 2012. On December 18, 2012, the Defendant rendered a disposition to determine the Plaintiff’s disability grade as class 12 under [Attachment 6] of Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, deeming that the state of suffering disability falls under class 12 (applicable mutatis mutandis) of the disability grade under [Attachment 6] of Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act and falls under class 10 of class 14 of the above [Attachment 6] (hereinafter “instant disposition”).

Drille: Maternal Sponsesis of the Do (Grade 13 grade 12), Gebalutism of the Do (Grade 12 grade 16): Reproductive finite that does not meet the disability grade criteria: Maternal Spesis of the Do (Grade 14 grade 10): The statement of evidence No. 1, No. 1, No. 2, and No. 1, and No. 2, and the purport of the whole pleadings, as a whole, that the reproductive finite does not meet the disability grade criteria.

2. Whether the disposition is lawful;

A. The Plaintiff’s disability status caused by the instant accident constitutes a disability grade higher than that of class 12, and thus, the instant disposition that determined the Plaintiff’s disability grade as class 12 is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Medical view 1) In the radiation examination conducted by the Plaintiff’s main body, the transformation of the astronomical and pelos is observed, and the neutical damage of both 2, 3, and 4 on both sides is observed in the leutical examination (the leutic diagnosis letter of September 17, 2012 at the Changwon Hospital). MRI (self-official image photography) and CT (Computerization).

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