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(영문) 창원지방법원 2018.10.17 2018구단11181
장해급여부지급처분취소
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 March 24, 2010, the Plaintiff was a person working for two mountain Heavy Industries Co., Ltd., and received disability benefits from the Defendant that fell under class 10 of class 14 of the disability grade since the Plaintiff was faced with the right shoulder due to the accident that she was faced with a concrete shoulder at the main bed in the main bed of the same plant at the same plant at the same place of business on March 24, 2010, and after the completion of medical care (hereinafter “instant injury and disease”).

B. On December 26, 2016, the Plaintiff applied for additional medical care with respect to the instant injury and disease and provided additional medical care from December 26, 2016 to November 30, 2017; and on December 5, 2017, the Plaintiff filed a claim for disability benefits due to additional medical care; and on January 18, 2018, the Defendant issued a disposition on the payment of disability benefits (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Although the Plaintiff’s alleged disability grade falls under class 12, the instant disposition that deemed that the disability grade of the Plaintiff was not changed to class 14 No. 10 is unlawful.

B. (1) According to the criteria of disability grade under the Enforcement Decree of the Industrial Accident Compensation Insurance Act (Attached Table 6), “persons who have the remaining obstacles to the function of one part of the three parts of the first part of the third part of the third part of the arms,” and “persons who have left the part of the national part of the national part,” shall be class 10, and [Attachment Table 5] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act provides that “The detailed criteria for the determination of a disability grade by physical part,” “the person who has been unable to perform the part of the national part,” refers to the person whose physical part, is limited by not less than 1/4 of the official part,” and so the scope of the normal scope of the exercise scope for the right-hand part is 500, and thus, the Plaintiff is able to exercise to be recognized as Grade 12 of the disability grade.

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