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(영문) 청주지방법원 2015.06.11 2014구합767
장해등급결정처분취소
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 November 6, 2012, the Plaintiff was faced with an accident that fells during the process of verifying materials at a material warehouse in the ELP Co., Ltd. (hereinafter “instant accident”).

B. Due to the instant accident, the Plaintiff suffered from the injury or disease of “the instant injury” (hereinafter “the instant injury”) of “the 4th Ethical Ethical Ethical Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Ethal Estal Estal Ethal Estal Estal Estal Estal

C. On March 14, 2014, the Defendant determined the Plaintiff’s disability grade Nos. 10-8 (the remainder of the function disorder in spine), 12-10 (the left part) of the disability grade Nos. 12-14 (the left part of the function disorder) of the Hastnan Division, and 10-14 (the left part of the disability grade No. 10) of the disability grade Nos. 10-14 (the left part of the function disorder). The Defendant issued a disposition to determine the Plaintiff’s disability grade No. 9 by the method of adjusting the final disability grade (hereinafter “instant disposition”).

On April 11, 2014, the Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the said request was dismissed on June 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a situation in which the Plaintiff is too serious to increase the pains and legs due to the instant injury and disease, and is unable to engage in the current labor due to the legacy.

Therefore, the defendant's disposition of this case which decided the disability grade of the plaintiff as class 9 is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) Medical opinions 1) The examination report on obstacles and opinions for delay in the preparation of fluoral values are seriously remaining, and the brush movement restrictions on both sides, and there are damage to the fluoral fluoral fluoral fluorals and both sides, and to the bruoral fluoral fluoral fluorals.

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