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(영문) 대구지방법원 2016.08.19 2015구단1743
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 April 25, 2014, while serving as a worker under B, the Plaintiff was approved of the injury disease of “the instant injury” (hereinafter “instant injury”) in the “convenition frame of the main body of the fore part part, the right part, the right part, the right part, the right part, and the right part, etc.,” due to the disaster (hereinafter “the instant accident”). As such, the Plaintiff received medical care until December 1, 2014.

B. On December 23, 2014, the Defendant rendered the instant disposition to the Plaintiff on December 23, 2014, on the following grounds: (a) the disability grade of the right handout (the physical scope of 95 degrees); (b) the disability grade of the right handout (the right handout) is class 9; and (c) the disability grade of the right handout (the right handout) through the right handout (the right handout) is below the standard; and (d) the disability grade of the right handout (the right handout) is class 10, respectively; and (e) the Plaintiff’

C. The Plaintiff appealed and filed a request for an examination, but was dismissed, and was dismissed on July 23, 2015.

[Ground of recognition] Facts without dispute, Gap's 3 and Eul's 6, and the whole purport of the pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s asserted fingers fall under class 7 of disability grade, class 7, class 10 of disability grade, class 10, and class 13 of the right fingers are reduced to less than 1/3 compared to the normal conditions, and the final disability grade should be adjusted upward, since the Plaintiff’s claimed fingers fall under class 14 of disability grade, since they fall under class 9 of disability grade because they fall under class 14 of the disability grade.

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

C. (1) The Plaintiff bears the burden of proving that the requirements for disability payment and the burden of proof fall under each disability grade claimed by the Plaintiff.

(2) The result of the physical examination by the physical examination of the physical disability of the exercise of the right hand of each item (A) and the result of the examination by the Defendant’s advisory society.

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