logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.04.11 2017구단71973
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 February 17, 2017, the Plaintiff received medical care from the Defendant on the part of the occupational accident (i.e., 3, 4, 5 metropical traps, 1, 2, 3, 4, 5 metropical cathers, 1, 2, 4, 5 metropical cathers, 1, 4, and 5 metropical cathers, 5th-to-hand ruptures, 5th-hand ruptures, 5th-hand ruptures, and 28th-hands

B. On July 2017, the Plaintiff claimed disability benefits to the Defendant. On August 25, 2017, the Defendant rendered a decision against the Plaintiff on August 25, 2017 under class 12 subparag. 14 (hereinafter “instant disposition”). The Plaintiff’s disability grade constituted “a person who has failed to use the satise of the first proposal or other four satise of the first proposal” (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under class 14 of class 13, class 11, class 3, 4, and 5 of class 13 in a state where the Plaintiff’s right-hand part is not properly used, and thus, the Plaintiff’s disability grade should be determined by either adjusting the above disability grade or by applying mutatis mutandis rating.

In addition, strict dusts are highly strong in terms of strong strengths, and the floor floor corrosion and upper part of the upper part are severe in pains.

Therefore, the Plaintiff’s disability grade falls under higher grade than that of class 12, and the instant disposition is unlawful.

B. 1) The Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Rule of the Industrial Accident Compensation Insurance Act”) regarding the assertion that the Plaintiff’s disability grade should be determined by the method of adjustment or application mutatis mutandis determination

) According to the main text of Article 46(4), the adjustment of a disability grade shall be conducted in cases where there is a different disability, except as otherwise provided in the proviso of the same paragraph. According to the Enforcement Rule of the Industrial Accident Compensation Act [Attachment 3], the disability table (Article 46(3) related to Article 46(4)] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act refers to the same disability series (number 26).

arrow